Loading...
HomeMy WebLinkAbout11/22/1993 - Regular MeetingCOUNCIL MEMBERS s ROLL CALL P t Ed X I X I X I X Motion X Ayes X X Abstained X Motion X Ales Motion All Ayes • X CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: November 22, 1993 Mayor Turner presented Certificates of Appreciation to Ed Power, for his service to the City as an advisor to the Harbor Quality Committee; and to Hilbert Carson, for his service as a Member of the Civil Service Board. X x x ROLL CALL Mayor Turner announced that agenda item 27 - Ocean Pier Regulations will be postponed to the December 13 meeting, as this particular issue affects the district represented by Council Member Hedges, who would like to be present to vote on this issue. ELECTION OF MAYOR Following oral nominations for election of Mayor, the roll call vote was taken, and Mayor Turner was s animously re- elected for a second year. ELECTION OF MAYOR PRO TEN Following oral nominations for election of Mayor Pro Tempore, the roll call vote was taken, and Mayor Pro Tea Watt was unanimously re- elected for a second year. Reading of Minutes of Meeting of November 8, X X X 1993, was waived, approved as written and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. CONSENT CALENDAR The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Pass to 2nd reading on December 13, 1993: 1. Removed from the Consent Calendar. 2. Proposed ORDINANCE NO. 93 -26, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMEEMING THE NEWPORT BEACH MUNICIPAL CODE BY CREATING A COMMUNITY SERVICES DEPARTMENT. [Report from the City Manager] RESOLUTIONS FOR ADOPTION 3. Resolution No. 93 -80, re- establishing an overnight parking permit system for the use. of Parking spaces in the BALBOA MUNICIPAL LOT, and rescinding Resolution No. 86 -32. [Re ort from Offstreet Parking Committee 4. Removed from the Consent Calendar. 5. Resolution. No. 93 -82, expressing its intention to IATE AMENDMENTS TO THE MARINERS MILE SPECIFIC AREA PLAN pertaining to height and parking restrictions. [Report from the City Attorney] Volume 47 - Page 311 MINUTES Ord 93 -26 Admin /Com Sry Dpt (35) Balboa Muni Pkg Lot Res -93 -80 (85) Mariners Mi SAP /Amnds Res 93 -82 (68) • • CITY OF NEWPORT BEACH CaNCIL MEMBERS �o �� �� November 22, 19911 6. Adopt the following Resolutions to contract with P.R.R.S. FOR HEALTHCARE: [Report from Personnel Department) Resolution No. 93 -83, NEWPORT BUCK POLICE ASSOCIATION; Resolution No. 93 -84, NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION; Resolution No. 93 -85, NEWPORT BEACH FIREFIGHTERS ASSOCIATION; Resolution No. 93 -86, NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION; Resolution No. 93 -87, NEWPORT BEACH OCEAN LIFEGUARDS ASSOCIATION; Resolution No. 93 -88, NEWPORT BEACH MANAGEMENT AND KEY PERSONNEL. 7. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS S. Removed from the Consent Calendar. 9. CENTRAL LIBRARY FURNITURE BIDS (CONTRACT NO. 2778 -B) - Approve California Business Interiors request to withdraw their bid on subject contract; and award Contract No. 2778 -B to Newport Business Interiors in the amount of $50,221.80. [Report from Public Works Department] 10. Removed from the Consent Calendar. 11. DESIGN OF 14,000 GALLON PER MINUTE CAPACITY WATER PUMPING STATION/UTILITIES YARD - Approve Professional Services Agreement with John Carollo Engineers for preparation of detailed plans and specifications for a fee not to exceed $143,333. [Report from Utilities Department] 12. COAST COMMUNITY COLLEGE DISTRICT /EMPIAYEE EDUCATION CONTRACT NO. 2835 - Approve amendment to subject contract for period November 1, 1993 - June 30, 1994 for technological training for City equipment mechanics. [Memorandum from General Services Director] 13. Removed from the Consent Calendar. 14. PERSONNEL VACANCIES - Reports from Personnel and General Services Director. 15. CLAIMS - For Denial by the City Manager Charlene F. Friend alleging vehicle towed in error from 1819 Port Sterling for hit and run investigation on October 30, 1993. Richard Penjoyan alleging contractor for work in Corona del Her directed traffic to drive in bike lane which caused trees hanging over roadway to hit claimant's truck on October 11, 1993. Volume 47 - Page 312 MINUTES 1% P.E.R.S. iealthcare Res 93 -83 C -2056 (38) Res 93 -84 C -2932 (38) Res 93 -85 C -2060 (38) Res 93 -86 C -2946 (38) Res 93 -87 C -2058 (38) Res 93 -88 (66) Central Library Furniture C- 2778 -B (38) Utilities Yrd Pumpg Sta C -2968 (38) 0/C Com College/ Emplye Edctn C -2835 (38) Pers (66) (Claims (36) 1'alildC�i�31dYI:ly:I.� • • • CITY OF NEWPORT BEACH � \ %\ November 22, 1993 Marcia L. Thompson alleging personal injuries as a result of trip and fall on sidewalk across from the Fun Zone Boat Company near Balboa Pavilion on October 9, 1993. 16. PLANNING COIMSSION ACTIONS - Meeting of November 4, 1993 and Agenda and verbal report of November 18, 1993 meeting. [Reports from Planning Department] 17. MEASURE M STREET REHABILITATION (CONTRACT NO. 2928) - Approve plans and specifications; affirm the Categorical Exemption; authorize staff to enter into an agreement with Regis Management Company, and City Clerk to advertise for bids to be opened at 11:00 a.m, on December 22, 1993. [Report from Public Works Department] 18. RESUBDIVISION NO. 1000 - Accept offer of dedication of a ten (10) foot radius corner cut -off located at the corner of 432 Avocado Avenue and Second Avenue. [Report from Public Works Department] 19. WEST NEWPORT BEACH /SANTA ANA RIVER SAND DEPOSITION PLAN - Authorize the City Manager to execute a Right -of -Entry Permit for the U.S. Army Corps of engineers and its contractors, S.L. Yeager, Inc., and Roadway Construction, Inc., to place sand on the beach and in the near shore area of West Newport. [Report from Public Works Department] 20. Removed from the Consent Calendar. IMMIM (68) Measure M St /Rehab C -2928 (38) Resub 1000 (84) WNpt /SAna Rvr Sand Depstn Pln (74) 21. RAT OA PENINSULA WATER REL11 0 Balboa PROJECT /CONTRACT NO. 2957 - Reject all Pnsla Wtr bids; approve revised plans and Ring Prj specifications; and direct City Clerk to C -2957 readvertise for bids to be opened at 10:30 a.m., December 16, 1993. [Report (38) from Utilities Department] 22. MARINA PARE MOB11Z HOME PARE TRANSFER/SPACE 11A - Approve request for (routine) transfer of Space 11A. [Memorandum from Deputy City Manager] 23. BUDGET AMENDMENTS RA -016, $15,411,041 - Increase 1993 -94 CAPITAL PROJECT BUDGETS for amounts available in 92 -93 capital projects that are requested for reappropriation. [Report from Finance Director] BA -017, $174,270 - Transfer to Professional Technical Services within the General Services - Street Tree Maintenance Division to fund half the annual CONTRACT COST OF PRIVATIZATION. [Refer to report w /agenda item 4) Volume 47 - Page 313 Prop Acq/ Marina Prk Sp 11A (73) (40) CITY OF NEWPORT BEACH COUNCIL MEMBERS � \_ November 22, 1993 ROLL CRLL MINUTES GPA 93 -1(A) (45) LCPA 32 PCA 781 (94) TentMp Tr 14795 PUBLIC HEARING 24. Public hearing regarding: A. General Plan Amendment No. 93 -1(A) - Request to amend the Land Use • Element of the General Plan so as to designate the subject property for "Single - Family Detached Residential" use; AND B. Local Coastal Program Amendment No. 32 - Request to amend the Local Coastal Program Land Use Plan so as to designate the subject property for "Single- Family Detached Residential" use, initiated by the City of Newport Beach; AND C. Planning Commission Amendment No. 781 - Request to amend a portion of Districting Hap No. 20 so as to add the subject property to the R -1 -B District (Single - Family Residential); AND D. Tentative Nap of Tract No. 14795 - Request to subdivide a 1.22 -acre parcel of land into 18 lots for • conveyance purposes, located at 540 -626 Seaward Road on property between Isabella Terrace and De Anza Drive, in Corona Highlands. Report from the Planning Department. The Planning Director addressed the Council, advising that this is a strip of land containing 1.22 acres; annexed to the City of Newport Beach on August 27, 1993; and involves a General Plan Amendment, as well as an LCP Amendment to designate property for single - family detached purposes; a Zone Amendment change to establish an R -1 -B zoning on the property which is the same zoning on the contiguous residential sites and involves a Tentative Hap to subdivide the one property into 18 lots for attachment to the adjoining residential lots. This project was unanimously approved by the Planning Commission on October 21, 1993. Dennis O'Neil, 608 Seaward Road, representing the applicant, Seaward 17, Inc., addressed the Council, stating that he agrees with the staff's findings and conditions. • After it was determined that no one else wished to address the Council on this issue, the public hearing was closed. Volume 47 - Page 314 MINUTES GPA 93 -1(A) (45) LCPA 32 PCA 781 (94) TentMp Tr 14795 COUNCIL MEMBERS ROLL C s Motion All Ayes • • 1Kotion All Ayes • x x CITY OF NEWPORT BEACH MINUTES November 22, 1993 Notion was made to: OF THE CITY OF NEWPORT BEACH (a) Adopt Resolution No. 93 -90, Res 93 -90 MUNICIPAL CODE CHAPTER 13.05 - amending the Land Use STREET WIDENING AND IMPROVEMENTS. Element of the General Plan Mesa, addressed the Council, requesting so as to designate the clarification of a condition in the subject property for widening and improvements, and the time "Single - Family Detached table for those improvements. Residential" use; and (b) Adopt Resolution No. 93 -91, Res 93 -91 approving Amendment No. 32 to implement provisions of its General to the Local Coastal Plan within a specific period of time. Program Land Use Plan; and Ord 93 -25 (c) Adopt Ordinance No. 93 -23 Ord 93 -23 (Amendment No. 781), Privatiza Director regarding proposed Resolution amending a portion of authorizing the City to utilize the Trimming Districting Map No. 20 so (44/38) for the provision of TREE TRIMMING as to add the subject SERVICES by West Coast Arborists, Inc. C -2966 property to the R -1 -B addressed the Council, objecting to the District (Single - Family foregoing authorization, stating that Residential); and (d) Approve Tentative Map of the Municipal Code Section 1110 - Tract No. 14795, subject to the findings and conditions as recommended by the Planning Commission. ITEMS REMOVED FROM THE CONSENT CALENDAR Aeenda Item No. 1. Report from the City Attorney regarding Streets/ Proposed ORDINANCE, being, Sidewalks AN ORDINANCE OF THE CITY COUNCIL (74) OF THE CITY OF NEWPORT BEACH AMENDING THE NEWPORT BEACH MUNICIPAL CODE CHAPTER 13.05 - STREET WIDENING AND IMPROVEMENTS. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council, requesting clarification of a condition in the foregoing staff report regarding street widening and improvements, and the time table for those improvements. The City Attorney, advised that the proposed ordinance deals with the City's conditions applicable to dedication of property, and that the City is obligated to implement provisions of its General Plan within a specific period of time. Notion was made to introduce, and pass Ord 93 -25 proposed ORDINANCE N0. 93 -25, to 2nd reading on December 13, 1993. 4. Report from the General Services Privatiza Director regarding proposed Resolution tion /Tree authorizing the City to utilize the Trimming bidding process from the City of Tustin (44/38) for the provision of TREE TRIMMING SERVICES by West Coast Arborists, Inc. C -2966 Dolores Otting, 17 Hillsborough, addressed the Council, objecting to the foregoing authorization, stating that she is very upset and concerned about the City's bidding process, and cited the Municipal Code Section 1110 - Volume 47 - Page 315 • • CITY OF NEWPORT BEACH COUNCIL MEMBERS MNovember 22, 1993 Contracts on Public Works. She is very concerned that the City is looking towards privatization as a way to monopolize and franchise public services. The City Attorney advised that the provisions of the Charter apply to the construction, and in the case of parks, this would include grading, construction of restrooms and other facilities, and improvements, but the Charter provisions have never applied to the maintenance of landscaping or maintenance activities. Mrs. Otting added that assumptions are made here that the City is getting the best price by not going out for competitive bids, and it bothers her that the City is piggybacking on someone else's bid, and in this case, the City of Tustin. She cited the differences and pricing inconsistencies contained in the staff reports of October 11 vs. November 22, 1993. She feels that the money the City is saving is negligible. In response to Mrs. Otting's statement that this is a "done deal," the City Attorney advised that all contracts are "approved to form" by his office, and then agendized for the City Council's approval. The City Manager advised that at the October 11 study session, the bidding process was examined as it relates to the tree trimming contract, and staff suggested piggybacking on the bid that was let by the City of Tustin earlier this year, which has since been piggybacked by the Cities of Costa Mesa and Orange. He stated that based on the figures, he is confident the Tustin bid process meets with the standards that Newport Beach would use, and with a very competitive bid price. The General Services Director responded to comments made by Mrs. Otting, as follows. Piggybacking is nothing new for the City, as this method has been used for heavy equipment and police cars. In the past year the tendency is to use piggybacking to save staff time, by not having to prepare the specifications, etc. Newport Beach has begun to look at what other cities receive for bids, and in this case, Tustin received a very attractive bid, as was recognized by two other cities. They also researched nine recent contracts since the first of the year and those numbers come out $43 - $121 cost per tree. None of these contracts begin to approach the $39 that the City can piggyback off of. The price differences reflect the size of the stump in diameter, and root pruning for the trees in the City. At this point, the contract before the Council is a proposal to consider for approval or disapproval, and in any case, all Volume 47 - Page 316 MINUTES INDEX COUNCIL MEMBERS • lotion Ales CITY OF NEWPORT BEACH MINUTES �o� \\ November 22, 1991 contracts must be approved to form by the City Attorneys office before coming to the Council. The qualifications of the contractor is addressed in the Quality Control Plan that is in the specifications. The Finance Director reviewed the financial standing and qualifications and the contractor has a good Dun and Bradstreet rating, and deals with over 60 local government entities in the Los Angeles /Orange County area. In reference checks with nine of these agencies, there were no negative responses with regard to quality and expediency of the work of West Coast Arborists. The City Manager referred to Exhibit B, attached to the proposed contract, Schedule of Compensation, wherein the extended price for the maintenance of 7480 trees in various locations throughout the City is $291,000. The next section deals with Specialized Services at the request of the City, and it is anticipated that this contract will save the City an estimated $150,000 and perhaps greater, because this contemplates that West Coast Arborists would, i.e., do tree and stump removal for 168 trees, or root pruning for 279 trees. We expect with the staff that we retain, some or most of that work would be done by the City crew. Therefore, the extra costs may not be incurred, and the majority of the costs for this contractor may, in fact, be exclusively or largely in tree trimming, and the savings will actually be higher. The General Services Director added that besides the integration of the three - member crew that would be retained by them they would perform jobs such as stump grinding, root pruning, and work together with Public Works individuals doing concrete and asphalt work. He also advised that they will be able to lower the tree trimming cycle in excess of three years to 2 -1/2 years, effective February 1994. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council expressing his concern about the loss of jobs, stating that he personally was acquainted with a few tree trimmers. The City Manager stated that no one loses their job under this proposal, and the City is absorbing existing employees on the crew, or in other vacancies within the General Services Department. Notion was made to adopt Resolution No. Res 93 -81 93 -81. 7. Report from the City Manager regarding Management/ proposed adoption of a resolution Key Pers compensating and designating MANAGEMENT (66) AND KEY x.MtPimvva, Volume 47 - Page 317 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �o ����� November 22, 1993 s ROLL CALL INDEX The City Manager referred to the staff Management, report and the proposed resolution which Key Empl deals with compensation for the Management and Key Employees. He advised that their last adjustment was in July, 1991. As a result of the • conclusion of negotiations with the various employee associations, it has been agreed that a cost of living adjustment will occur in January of 1994, and the addition of a step to the Compensation Salary Plan, effective April 1, 1994 for seven employee associations. The proposed resolution is to provide the same compensation for Management and Key Employees; however, on page one of the resolution it provides for a step increase for any department director who is not at the top step, and it is recommended that section 3 on page 1 at the bottom be deleted. The past practice will be continued of using the merit system for any adjustment to any department director that would be eligible for a step increase after review and based on performance. Motion x Notion was made to adopt Resolution No. Res 93 -89 93 -89, compensating and designating MANAGEMENT AND KEY EMPWYEES. Council Member Sansone stated that he will not be supporting the motion to adopt the proposed foregoing resolution, as he feels that the senior supervisors • are adequately compensated, and a comparison with the private sector indicates that the City salaries are extremely competitive. He does not agree with the employee association unions, and feels that the City is being forced into the increases. He feels that this is contradictory in light of "knocking off" the tree trimmers to save money, and the very next item on the agenda wipes out that savings. Ayes x x x x x Notion was voted on, and carried. Noes x 8. Report (with agenda item 4) from the West Coast General Services Department recommending Arborists/ PRIVATIZATION OF TREE NAnuENANCE by Tree Trim - approving a renewable five -year tree maintenance contract effective ming January 1, 1994 with West Coast C -2966 Arborists in the amount of $348,540 per (38) year; in addition to other recommended actions in the staff report. Dolores Otting, 17 Hillsborough, questioned the inconsistency between the 1 -year mentioned in the agreement and 5 -. year renewal contract in the foregoing • description. Also, she questioned the accuracy of numbers regarding City trees, stating that the base numbers used are not commensurate with the numbers used in the report. Volume 47 - Page 318 COUNCIL MEMBERS k0VA\\A 041 \A • Motion All Ayes • • x CITY OF NEWPORT BEACH November 22, 1993 The City Manager advised that the term of the contract is for one year, and the agreement allows the City to extend it four times. The reason for this, is to satisfy the Council that the City would not be offered a low bid going in, and then be faced with a huge increase the succeeding years; however, the contract can be canceled in 30 days for failure to perform. For clarification, Mayor Turner suggested that the wording be changed to "approve a one -year contract, with four one year options to renew," and following, made a motion to approve Privatization of Tree Maintenance with West Coast Arborists. In answer to Council inquiry, the City Manager advised that the City has 20,600 trees in the City, and the contract provides for 7480 trees per year. Motion was voted on, and carried. 10. Report from the Public Works Department recommending the SANTA ANA RIVER CROSSING EIR - Memorandum of Understanding (MOU) be approved with the Cities of Costa Mesa, Fountain Valley and Huntington Beach concerning the preparation of an EIR for the 19th Street /Banning Avenue and the Gisler Avenue /Garfield Avenue bridge crossings over the Santa Ana River and an alternate circulation system if the bridges are not constructed. Mayor Turner advised that he will not be voting on this issue because of a potential conflict and turned the meeting over to Mayor Pro Tem Watt. Council Member Sansone advised that he also will not be voting on this issue. The Public Works Director reported that this item concerns the proposed MOU with the Cities of Costa Mesa, Fountain Valley and Huntington Beach regarding the preparation of an EIR for the Santa Ana River Crossings. Some minor modifications to the proposed MOU have been presented by the Cities of Huntington Beach and Fountain Valley for Council to approve the MOU as modified in the attachment to the staff supplemental report. Most of the wording changes are improvements, and the one substantive change deals with adding another option for the analysis, i.e., rather than just zero crossings, or two crossings, this revision would allow one crossing or the other to be deleted, and the other to remain. Therefore, it is recommended that the revised MOD be adopted and further authorize the staff to have to authority to make minor wording changes that do not make substantive changes to the intent or scope of the MOD. Volume 47 - Page 319 MINUTES West Coast Arborists/ Tree Trim- ming SAna River (38) COUNCIL MEMBERS • moo x Ayes x x x Abstained x x • CITY OF NEWPORT BEACH November 22, 199:3 Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council asking if the City of Newport Beach has taken a position as to whether they are for, or against the bridges. Mayor Pro Tem Watt replied in the negative, and deferred to staff for response. The Public Works Director advised that the City has adopted a resolution expressing opposition to removal of the bridges from the Master Plan, unless it can be demonstrated that a satisfactory alternative: plan can be provided for. Mr. Soffer responded that according to his understanding,. no freeway shall cross the City of Newport Beach borders without a vote from the residents, and his concerns are that other cities are voting on an issue that affects him as a property owner. Council Member Debay responded that what the City is objecting to is what happens to Newport Beach by having to widen the Pacific Coast Highway, tear out a new bridge, etc. Mayor Pro Tem Watt advised that the City Council has been following this along with caution as far as the City's needs are concerned, and welcomed Mr. Soffer's input as this issue progresses. Motion was made to approve the recommended action as presented by the Public Works Director in the foregoing, as follows: Adopt the revised MOU adopted by the City of Fountain Valley, and that the staff be given the authority to make minor wording changes that do not change the intent or scope of the MOU. Peter Tarr, 5023 Lido Sands Drive, addressed the Council, stating that the one study that has been done regarding the bridge issue will cost the taxpayers $28 Million in excess costs if the bridge is removed, purely from a traffic standpoint. It may be that it's worth that kind of money for other reasons, and this EIR will look at all of the reasons for /or against building bridges and give us a rational basis for making that kind of decision. I think that there is too much money at stake not to take this kind of studied approach. The motion was voted on, and carried. 13. Report from Public Works /Traffic Engineering recommending approval of engineering services agreement for CITY- WIDE SIGNAL IMPROVEMENT PROJECT (CONTRACT N0. 2965) Volume 47 - Page 320 MINUTES River sing Trfc Signal Imprvm Prj C -2965 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS 10 5VVA \A 0o�\\ November 22, 1993 • Motion All Ayes • • x Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council, stating that he owns three pieces of property in the City. and has a strong concern for what goes on in Newport Beach. He added that he has spent some time monitoring signals and has concluded that it would ba very simple to solve a lot of traffic problems in regards to congestion. The majority of time, he finds that he stops for more signals than not because of the lack of coordination between signals. He also stated that air pollution is the result of the loss of gas mileage by frequent stopping and starting. Notion was made to approve the Engineering Services Agreement with Meyer, Mohaddes Associates, Inc., for $108,130 for the CITY -WIDE SIGNAL IMPROVRl�HP P80JECT (CONTRACT N0. 2965). 20. Report from the Public Works Department recommending denial of 1200 SOUTH BAY FRONT application for encroachment agreement for construction and maintenance of private improvements within the South Bay Front public rights -of -way adjacent to 1200 South Bay Front, Balboa Island. The Public Works Director reported that this proposal has been modified slightly from the description in the staff report. Brion Jeannette, representing the applicant, has provided a letter to staff and Council, showing the changes in his application, which involves construction of a raised patio and retaining wall on South Bay Front which would encroach approximately 4 feet into the public right -of -way, 3 feet 6 inches behind the boardwalk sidewalk on the South Bay Front. The revised application indicates that the height of the wall will be 2 feet with a glass panel section, 1 foot 7 inches in height above the retaining wall and the raised patio. Council Policy L -6 contains a provision regarding encroachments into the Bay Front on Balboa Island, and that policy provides that with approval of a permit, an open type fence not exceeding 9 feet in height may encroach in the area in question. There is no provision in Council Policy L -6 for a raised patio or other structural encroachments. Staff has recommended denial of the application because it is contrary to Council Policy, further indicating that the substantial structural nature of the proposed encroachment is a quasi - permanent structure intruding in the public right -of -way that is the promenade around the Island, and further that the tieback anchors for the bulkheads are located under the area in which the encroachment is located. Brion Jeannette, 470 Old Newport Boulevard, representing the applicant, corrected the Public Works Director, stating that their request is 3 feet 6 inches, and not a 4 foot encroachment Volume 47 - Page 321 MINUTES Signal m Prj Encroachment 1200 SBay Fr Balboa Is (65) COUNCIL MEMBERS NEXINX01 • • CITY OF NEWPORT BEACH November 22, 1993 above the 36 inch height into the rear or, the Bay Front, with a total 6 foot depth from the property line to the edge of the boardwalk. He advised that they are requesting improvements that are very similar to what presently exist on Balboa Island. He offered pictures of projects approved by the Council on May 24, 1993, in particular Amendment 777, which discusses some of the aspects of application. He added that the applicant is intending to do what many of the residents on Balboa Island have done, and that is a 2 foot 6 inch landscaped area, and directly behind this, a 2 foot solid wall with 1 foot 7 inches of clear glass above it. The total railing height in this case, from the Boardwalk to the top is 43 inches. He also presented photos of types of encroachments that presently exist on Balboa Island. Council Member Debay suggested that encroachment agreements by way of a permit fee be considered, wherein, the Public Works Director advised that this is something that is possible, but that there is a significant physical difference between the two situations, i. a., in the case of the Ocean Front there was several hundred feet of beach, and in this case, the sidewalk promenade around Balboa Island is very limited. In answer to Council inquiry, the Public Works Director advised that the bulkhead tiebacks have been in for more than 50 years, and in some cases, they are in poor condition. Mr. Jeannette advised that in the process of going through the construction, he is of the opinion that they would want to review the existing tiebacks. If they are in good condition they would replace a 1 -1/4 inch tiebar while construction is in process, and this gives them the opportunity to substantially improve existing conditions. In answer to Council inquiry, the Planning Director reported that the development standards for fence heights on private property changed, so as to allow a 5 foot fence, instead of a 3 foot fence, and allowed 2 feet of retaining structure, and then 40% open type of construction on top of the fence. He advised that what Mr. Jeannette is proposing to do is to take that same standard and move it out onto the public right -of -way. The Public Works Director advised that Council Policy L -6 was changed about three years ago to allow a 3 foot open type fence with the patio at grade, and to not allow a raised patio. Volume 47 - Page 322 MINUTES 1200 SBay Fr Balboa Is COUNCIL MEMBERS Vfi8wNm181 • CITY OF NEWPORT BEACH November 22, 1992{ Mayor Pro Tam Watt stated that it was approximately four years ago that the City made the effort to go with the Balboa Island Improvement Association to determine that it was best to not allow the raised solid patio into the easement area. Once you allow a solid foundation to go up, it gives the impression of having allowed the development to proceed out: onto the public area, and it raises the development area along with any fencing so that the public walkway (streetscape) is narrowed. Martin Weinberg, 1221 W. Coast Highway, applicant end owner of the property at 1200 South Bay Front, addressed the Council, stating that historically, they bought the house in 1988, and the house directly across the street at the corner of Amethyst and South Bay Front was finished in late 1989 or early 1990, which has on it an elevated patio and a wall much higher than what he is requesting. The house at 1208 South Bay Front, as well, has an elevated patio into the encroachment area. It was a reasonable expectation on his part that they would have the same opportunity as the other homeowners have had, and one of the reasons he is asking for a 3 foot 7 inch patio wall is because they are trying to comply with FEMA requirements. If their patio were not to be elevated and the foundation was 2 or 3 feet above the patio, it would present a safety hazard and not fit in with the overall appearance of the house, or consistent with the rest of the aesthetics on the Island. He offered a signed petition from surrounding homeowners, who are fully aware of what he wants to accomplish and are in agreement with the development. Mayor Pro Tam Watt, for clarification, advised that FEMA regulations is for the house, not for the patio. There is a standard on Balboa Island, and it has been breached at times. She feels that there would have to be a change in policy if this application is approved, and advised that she was prepared to make a motion to deny it. The Public Works Director responded that Council Policy L -6 allows for a 3 foot fence to be built not closer than 2 -1/2 feet from the back of the sidewalk, and in the case of Mr. Weinberg's application„ the total dimension is 6 feet from the back of the sidewalk to the property line, thus if the encroachment is limited to 2 -1/2 feet behind the sidewalk, the raised portion projects 3 -1/2 feet into the right-of- way- Council Member Hart commented that she would like to hear the thoughts from the Balboa Island Improvement Association, and requested that action be postponed on this issue. Volume 47 - Page 323 MINUTES 1200 SBay Fr Balboa Is COUNCIL MEMBERS 11U4 414 Motion. All Ayes • • *n yes CITY OF NEWPORT BEACH \\-L November 22, 1993 \� MINUTES INOEX Ord 93 -22 Admins /Pblc Emple Issue Citations (53) Ord 93 -24 Zoning Mariners Mile (94) x After it was determined that the applicant was willing to postpone the action on the subject application for further review by the Council, staff and Balboa Island Improvement Association, motion was made to postpone this item until January 10, 1994. PUBLIC COMMENTS 1. Ed Power, President of the California Recreation Company, 1137 Bayside Drive, stated that he is retiring tomorrow, but after 16 -1,12 years and working with City of Newport Beach staff and City Council, he wished to thank them for the help he received over those years. He gave particular thanks to Don Webb, Jim Hewicker, Pat Temple, Ben Nolan, Dave Harshbarger, Tony Melum, Jim Upton, and the Mayor and Council Members. He added that all of the City staff and Council are dedicated and work very hard and helped make his job easier. 2. Don Hunter, advocate for the Mobile Home residency, stated that he is responsible for making the Mobile Home News available to the Council and staff. From time to time he circles articles that may be of interest, and he distributed copies of the latest newspaper to the Council at this time. He added ithat one of these articles deals with freedom of the press, and on this particular issue, he has found that park owners, or managers interfere with circulation of the Mobile Home News. He added that he is going to discuss this with several assemblymen, and Senator Marian Bergeson. ORDINANCES FOR ADOPTION 25. Memorandum from the City Attorney concerning proposed ORDINANCE NO. 93 -22, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.12.020 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING AUTHORITY OF PUBLIC OFFICERS OR EMPLOYERS TO ISSUE CITATIONS. The City Manager advised that adoption of this ordinance will give more effective enforcement by granting authority to the Animal Control Officers and Marine Department staff to issue citations for violations of Fish and Game Code, California Administrative Code, and sections of the Safety Code. x Motion was made to adopt Ordinance No. 93 -22. 26. .Report from the Planning Department regarding proposed ORDINANCE NO. 93 -24, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT Volumes 47 - Page 324 INOEX Ord 93 -22 Admins /Pblc Emple Issue Citations (53) Ord 93 -24 Zoning Mariners Mile (94) COUNCIL MEMBERS , I ENE EXE ROLL • • Motion All Ayes • x CITY OF NEWPORT BEACH November 22, 1993 BEACH MUNICIPAL CODE, SECTION 20.62.050 OF THE XARTUane MILE SPECIFIC AREA PLAN SO AS TO MODIFY THE RICHT -OF -WAY DEDICATION REQUIREMENTS ON THE NORTHERLY SIDE OF 1FEST COAST HIGHWAY BETWEEN NEWPORT BOULEVARD AHD THE SOUTHERLY EXTENSION OF IRVINE AVENUE; AND CHANGE THE METHOD OF DETERMINING ALLOWABLE BUILDING FLOOR AREA FOR PARCELS ON THE NORTHERLY SIDE OF WEST COAST HIGHWAY (PLANNING COMUIISSION AMENDMENT NO. 786). Sid So£fer, 900 Arbor Street, Costa Mesa, addressed the Council commenting that the City is pricing itself outside of the market in regards to land values, and rents and affects the leasing of some of his property. This in turn lowers the amount in property taxes received by the City. He feels that the more that a city cuts down the buildable square footage, the harder it is for a piece of property to be worth a certain amount of money, and that it is time the City and the business sector sit down and work together to help each other to generate more business and money for the City. Mayor Turner advised that the City has been working for a long time with the Mariners 1431e Association, and this ordinance benefits those property owners on the north side, as a result. Motion was made to adopt Ordinance No. 93 -24. 27. Report from Deputy City Manager regarding OCEAN PIER REGULATIONS. Mayor Turner repeated that Council Member Hedges had asked that this issue be postponed to December 13 because of his absence, and offered to take testimony from those in the audience who would like to address this issue now. Lockie Leonard, 736 Via Lido Nord, addressed the Council, stating that she is very interested in the pier. She is a bicyclist;, and spends a lot of time on the bike path and walks out on the pier. She has been on almost every pier in California and has never seen a pier as filthy as the Newport Pier. In approximately six instances she has made a particular effort to check on the new signs that the City has posted, and some people are complying, and others are obviously belligerently ignoring the signs. She has never seen any enforcement of the signs, and she wants to know if the City is going to enforce the new ordinance. She feels that the Council are more concerned about the fishermen than they are about the people Volume 47 - Page 325 MINUTES PB &R /Ocean Pier Regs (62) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ,��� November 22, 1993 s ROLL CRLL INDEX who own property in the City, especially Ocean Pier those people who own businesses near the Regs pier, who have been given very little consideration in light of the fact that they paid half of the cost for an Assessment District to improve the area. • Another issue is that the building at the end of the pier is being trashed, and very few people walk out to the end of the pier because of this fact. The City gets 58 of the profit from the restaurant, but she doesnot know how the restaurant has survived to this day. She would never eat at the restaurant because of the messy condition of the area. She feels that the City should also consider 24 hour paid parking in this area, and sees no reason why the parking meters stop at 6:00 p.m., as there are too many people who loiter in the area. She would like to see the pier closed at night, as the fishermen can fish during the day. Mayor Turner advised that the City staff and Council are very much aware of the problems, and are working toward solutions. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council, stating that the parking meter issue is not welcomed by the restaurants and the businesses because it is expensive enough to pay the meter, aside from the high cost of a parking ticket. He • reminded that the agreement was that if the businessmen in that area allowed the meters to go in, a percentage of some of that money collected from the area would go for additional parking. He is against the 24 hour parking meters. He feels that the pier is not going to be any safer if it is closed at midnight, or cleaner if it is closed at noon. Motion x Motion was made to defer introduction of All Ayes proposed ORDINANCE to December 13, 1993, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REGULATING ACTIVITY ON OCEAN PIERS BY AMENDING CHAPTERS 11.08 AND 11.20 OF THE NEWPORT BEACH MUNICIPAL CODE. Meeting adjourned at 9:07 p.m., in memory of DON E. BURNS, a veteran high school teacher and coach in the Newport-Mesa Unified School District, and a seasonal lifeguard at the Newport Beach pier, who passed away on November 13, 1993; and PATRICK JASON KURTH, college student and part -time employee in the City's Utilities Department, who passed away November 15, • on 1993. Volume 47 - Page 326 COUNCIL MEMBERS C, • :7R1 CITY OF NEWPORT BEACH �o� \\ November 22, 1993 The agenda for this meeting vas posted on November 18, 1993, at 8:05 a.m., on the City Nall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: MINUTES Volume 47 - Page 327 INDEX