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HomeMy WebLinkAbout05/27/1997 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 27, 1997 - 7:00 p.m. INDEX CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR. MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges (arrived at 8:10 p.m.), Glover, Noyes, Mayor Debay Absent: None Pledge of Allegiance - Council Member Glover. Invocation by Chaplain Lloyd Sellers, Hoag Memorial Hospital Presbyterian. • Waived reading of the Minutes of the Regular Meeting of May 12, 1997, approved as written and ordered filed; and waived reading of the ordinances and resolutions under consideration and directed the City Clerk to read by titles only. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None MATTERS WHICH COUNCIL MEMBERS WOULD I= PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member Thomson requested that the Harbors, Beaches and Parks Committee be directed to study the issue of crowd management, traffic and litter; to refer their findings to the Public Safety Committee for further review and recommendations to the City Council. • Council Member Glover directed staff to bring the voice mail policy to Council for review. • Council Member Noyes commended the staff, as well as the students from • Newport Harbor High School and Corona del Mar High School, for their participation in Youth Government Day. Mayor Debay also commended Council Member Noyes, Civil Service Volume 51 - Page 252 • CJ City of Newport Beach City Council Minutes May 27, 1997 Commissioner Steve Bromberg and former Council Member Jean Watt for their participation as well. Council Member Noyes requested that staff return with a report analyzing the situation with the public restrooms (cost and frequency of cleaning). Council Member Noyes announced that the Balboa Island Pride Parade will be held on June 8, 1997 at 11:00 a.m. CONSENT CALENDAR 1. INTRODUCE ORDINANCE NO. 97-20 AMENDING TITLE 20 OF THE NBMC PROHIBITING CONDOMINIUM DEVELOPMENT AND CONDOMINIUM CONVERSIONS IN THE 114.5 DISTRICT ( BALBOA ISLAND AND LITTLE BALBOA ISLAND) (PLANNING COMMISSION AMENDMENT NO. 853). Introduce ordinance, pass to second reading and set for public hearing on June 9, 1997. ORDINANCES FOR ADOPTION 2. ADOPT ORDINANCE NO. 97 -18 AMENDING CHAPTER 5.50, SECTIONS 5.50.025 B.6 AND 5.50.050 B.16 OF THE NBMC RELATING TO MASSAGE ESTABLISHMENTS. 3. ADOPT ORDINANCE NO. 97 -19 AMENDING SECTIONS 7.04.100, 7.08.010, 7.08.040, 7.12.010, 7.15.010, AND 716.050 OF TITLE 7 OF THE NBMC PERTAINING TO ANIMAL REPORTS AND PERMITS (DANGEROUS AND VICIOUS DOG REGULATIONS, WILD ANIMAL PERMIT PROCESS). RESOLUTIONS FOR ADOPTION 4. Removed from Consent Calendar by Louise Fundenberg, citizen. 5. ADOPT RESOLUTION NO. 97 -40 REQUESTING THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM EXTEND THE FUNDING PERIOD FOR THE MISCELLANEOUS PLAN FOR CURRENT SERVICE ACTUARIAL LIABILITIES. ADOPT RESOLUTION NO. 97 -41 REQUESTING THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM EXTEND THE FUNDING PERIOD FOR THE SAFETY PLAN FOR CURRENT SERVICE ACTUARIAL LIABILITIES. 6. ADOPT RESOLUTION NO. 97 -42 AMENDING RESOLUTION NO. 94- 95 ESTABLISHING FEES FOR RENEWAL OF RESIDENTIAL • ALARM PERMITS ($30.00 TRIENNIALLY) AND PENALTIES FOR FALSE ALARMS (TIME PERIOD USED FOR CALCULATING PENALTIES FOR EXCESSIVE POLICE AND FIRE FALSE ALARMS Volume 51 - Page 253 10 1 Ord 97 -20 Zoning PCA 853 (94) Ord 97 -18 Business License/ Massage (27) Ord 97 -19 Animal Control (70) PERS C -563 (38) Res 97 -40 & 97 -41 Alarm Fees Res 97 -42 (40) • • • City of Newport Beach City Council Minutes May 27, 1997 WILL BE DETERMINED IF THE QUALIFYING ALARM ACTIVATION OCCURS WITHIN ANY CONSECUTIVE (12) MONTH PERIOD) PURSUANT TO SECTION 5.49 OF THE NEWPORT BEACH MUNICIPAL CODE. 7. ADOPT RESOLUTION NO. 97 -43 DECLARING THE CITY'S INTENTION TO ADOPT RESOLUTION NO. 374 -97 -2 OF THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) TO SUPPORT LEGISLATIVE INITIATIVES AND OTHER POLICIES PERTAINING TO WASTE DIVERSION, SOURCE REDUCTION, AND RECYCLING. S. ADOPT RESOLUTION OF INTENTION NO. 97- SCHEDULING A PUBLIC HEARING FOR JUNE 9, 1997 TO CONSIDER THE GRANTING OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO TWO PRIVATE SOLID WASTE HAULERS - COAST WASTE MANAGEMENT, INC., AND EAGLE SERVICES. INTRODUCE ORDINANCE NO. 97- GRANTING NON- EXCLUSIVE SOLID WASTE FRANCHISES TO COAST WASTE MANAGEMENT, INC., AND EAGLE SERVICES. Continued to June 9, 1997. CONTRACTS AND AGREEMENTS 9. HOAG LINEAR PARK (CONTRACT NO. 3095). Approve the plans and specifications; award Contract No. 3095 to Green Giant Landscape, Inc. of LaHabra for the total bid price of $50,000.05, and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $5,000 for testing and unforeseen conditions. 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE AGATE AVENUE PUBLIC RIGHT -OF -WAY ADJACENT TO 233 AGATE AVENUE, BALBOA ISLAND (EP -97 -103). Approve the execution of an Encroachment Agreement for non- standard improvements, subject to an Encroachment Permit being issued by the Public Works Department; authorize the Mayor and City Clerk to execute the agreement; and authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. 11. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN ALLEY NO. 300 -M, ALLEY NO. 300 -N (21ST PLACE), McFADDEN PLACE, AND OCEAN FRONT PUBLIC RIGHT -OF -WAY ADJACENT TO 21 OCEAN FRONT PUBLIC RIGHTS -OF -WAY ADJACENT TO 21 OCEAN FRONT. Approve the execution of an Encroachment Agreement for non - standard improvements, subject to conditions outlined in the staff report; authorize the Mayor and City Clerk to execute the agreement; and authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. Volume 51 - Page 254 INDEX Waste/Recycling Res 97 -43 (44) Solid Waste/ Franchises Coast Waste Mgmt/ Eagle (42) Hoag Linear Park C -3095 (38) 233 Agate Ave/ Encroachment Agreement (65) 21st PI/McFadden Pl/21 Ocean Front Encroachment Agreement (65) City of Newport Beach City Council Minutes May 27, 1997 • 12. Removed from Consent Calendar by Council Member Glover. 13. Removed from Consent Calendar by City Manager Murphy. MISCELLANEOUS ACTIONS 14. Removed from Consent Calendar by Council Member Thomson. 15. APPROVE BUDGET AMENDMENT (BA -048) TO APPROPRIATE $6,000 FROM TENNIS RESERVES TO RESURFACE THE CITY TENNIS COURTS AT SAN JOAQUIN HILLS PARK. 16. STATUS REPORT ON THE ENHANCED PARAMEDIC AND EMERGENCY AMBULANCE TRANSPORTATION SYSTEM. Receive and file. 17. NAMING OF HOAG LINEAR PARK SITE. Approve recommendation of Parks, Beaches and Recreation Commission to formally approve the name of Sunset View Park for the site currently referred to as Hoag Linear Park. MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (4, 12, 13 and 14) AND THE CONTINUANCE OF ITEM 8 TO JUNE 9, 1997. The motion • carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR. 4. ADOPT RESOLUTION NO. 97-39 AUTHORIZING THE ISSUANCE OF CITY OF NEWPORT BEACH SPECIAL IMPROVEMENT DISTRICT NO. 95 -1 ( CIOSA) SPECIAL TAX BONDS, SERIES B IN THE AMOUNT NOT TO EXCEED $10 MILLION, APPROVE THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT, A PURCHASE CONTRACT, A CONTINUING DISCLOSURE CERTIFICATE; AND THE PREPARATION OF AN OFFICIAL STATEMENT AND OTHER MATTERS RELATED THERETO. City Manager Murphy explained that this is an action item which asks that the Council adopt a resolution authorizing a second issuance of special improvement district tax bonds in order to facilitate the construction of public infrastructures, specifically roadway projects within the City. The first issue on this in 1995 was in follow -up to the formation of the CIOSA • Improvement District which applied only to the properties owned by The Irvine Company at that time. This is the second issue and it would facilitate the funds for the Phase II of the MacArthur Boulevard improvements, Volume 51 - Page 255 hll BA -048 (40) Enhanced Paramedic/ Emergency Ambulance (41) Sunset View Park C -3095 (38) CIOSA Special Improvement District #95 -1 Res 97 -39 (40) City of Newport Beach City Council Minutes May 27, 1997 • portions of the Arches interchange improvements and portions of the Newport Boulevard widening project. Louise Fundenberg, 808 West Balboa Blvd., voiced concerns about the City getting into indebtedness for projects that she understood there would be public input on. She noted that part of the funding will be used for the widening of Newport Blvd. which she thought was part of BPPAC. City Manager Murphy explained that when the City negotiated the Circulation Improvement and Open Space Agreement (CIOSA) with The Irvine Company in the early 1990's and ultimately approved an agreement on June 30, 1993, there was an agreement between the City and The Irvine Company that they would advance dollars for circulation improvements. Subsequent to that adoption The Irvine Company indicated a willingness basically for the City to bond and to receive those dollars with a repayment due from the eleven properties that were included within the circulation agreement. The obligation to repay the bonds is only on those properties and is not an obligation of the City of Newport Beach. Mr. Murphy further explained that the widening of Newport Boulevard is part of a seven -year improvement program that was adopted and has been updated regularly. This is the section of Newport Boulevard between 30th and 32nd Street and is across the street from Carl's Jr. and it would • facilitate the exiting off of the Peninsula during peak hours. He said there will be a need to take some frontage from three properties. He explained that the City will do an appraisal, will look at the impact to the individual businesses and will have to compensate them for the impact. He said the goal is to do the widening and keep the businesses operating. Motion by Council Member O Neil to adopt Resolution No. 97 -39 authorizing the issuance of City of Newport Beach Special Improvement District No. 95 -1 (CIOSA) Special Tax Bonds. In response to questions raised by Council Member Glover, Mr. Murphy replied that the City will compensate the owners whose property will be taken. He explained that after the appraisal is done if the City is unable to negotiate for the acquisition of the right -of -way necessary to do the project, then staff would come back to Council to request authority to take steps to acquire the property through the eminent domain process. The Council would have to adopt a resolution of necessity in order to initiate eminent domain. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 12. BONITA CREEK TELECOMMUNICATIONS FACILITY - LICENSE AGREEMENT WITH L.A. CELLULAR. Volume 51 - Page 256 11,11 91, L.A. Cellular & Bonita Creek City of Newport Beach City Council Minutes May 27, 1997 • City Manager Murphy reported that this item is a request from L.A. Cellular that they be allowed to place a communications facility on a light tower at Bonita Creek Park in order to facilitate their communication equipment primarily along the transportation corridor and the toll road. This matter has been reviewed by both the Public Works Committee and the Finance Committee. In response to concerns raised by the Finance Committee the two homeowner associations nearby were noticed and an offer made to make a presentation to them. Neither association requested a presentation, however they were notified of this action being on the Council's agenda tonight. He said that in essence this is a finance deal wherein LA. Cellular is proposing to pay the City $30,000 in $2,500 monthly increments to place an antenna on the light standard. The contract has been reviewed by the City Attorney's office and approved as to form and has been recommended by both Council committees. Council Member Glover stated that she will not be voting to approve this agreement since she voted against it at the Finance Committee meeting. She said she believes these sort of things need to be placed on private facilities rather than public facilities because in the future the City will have liability from them. Motion by Mayor Pro Tem Edwards to approve the License Agreement with L.A. Cellular and authorize the City Manager to execute the agreement. He • said he believes the concerns raised by Council Member Glover were addressed in a report and the community associations were contacted. The motion carried by the following roll call voter: Ayes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay Noes: Glover Absent: Hedges Abstain: None 13. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SAILING FASCINATIONS REGARDING BERTHING AT BALBOA YACHT BASIN. City Manager Murphy reported that this item is an agreement between the City and Sailing Fascinations regarding the use of a slip at the Balboa Yacht Basin by this organization. This item was before the Council previously and there was an appeal for the waiver of paying the slip fees by this organization. The request was not directly acted upon, however there was general direction by the City Council to find a way for the City and Sailing Fascinations to resolve the issue in such a way that it would be satisfactory to both parties. He distributed a revised agreement showing the changes that were made after discussions with Sailing Fascinations. He said that staff is recommending approval of this agreement which essentially provides for Sailing Fascinations to provide classes and services in exchange for the provision of a slip at no cost for a limited term. It provides for oversight and • review by the City on a periodic basis to make sure they comply with the terms of the agreement. Volume 51 - Page 257 INDEX Fac C -3145 (38) Sailing Fascinations/ Balboa Yacht Basin C -3146 (38) is • • City of Newport Beach City Council Minutes May 27, 1997 City Attorney Burnham explained that Item 2 on Exhibit "A" (pg. 11) should be amended to read, "Provide sailing instruction generally in accordance with the schedule attached as Exhibit B provided there is a demand for that instruction." This would obligate Sailing Fascinations to generally comply with and provide the level of instruction that is indicated on Exhibit B. Motion by Mayor Pro Tern Edwards to approve the agreement as amended. The motion carried by the following roll call! vote: Ayes: O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 14. PLANNING COMMISSION AGENDA FOR MAY 22, 1997. Motion by Council Member Thomson to call up Modification 4555, 2003 Yacht Resolute, and refer it to the Planning Commission for review of the design and impact on the neighborhood. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None PUBLIC COMMENTS Frances Bury, 106 Via Undine, said she has been reading the Specific Plan for District No. 6, Cannery Village and McFadden Square, and noted that under No. 7 it says that the project involves the restriping of Newport Boulevard outbound to provide three travel lanes, one of which would be a combination parking/bike lane between 26th and 30th. She questioned whether this would take away the metered street parking in front of the businesses. City Manager Murphy explained that this is part of a Specific Plan, however there is no project in the budget or funds allocated. to the project. Mayor Debay requested that Mrs. Bury make an appointment with Assistant City Manager Wood to discuss this issue. 18. STATUS REPORT REGARDING TRAFFIC ISSUES ON SANTIAGO 122ND STREET AND EAST COSTA MESA TRAFFIC STUDY PROPOSALS (Requested by Mayor Pro Tem Edwards). Public Works Director Webb reported that staff tried to summarize in the staff report a number of issues related to Santiago Drive and the speeds that were measured most recently. Council requested that staff report back on Volume 51 - Page 258 INDEX Planning (68) Traffic/Santiago/ 22nd St & East Costa Mesa Study (85) City of Newport Beach City Council Minutes May 27, 1997 1 1 • speed studies that were done at the conclusion of or after a number of improvements to Santiago Drive were completed. The improvements that were put in place were the stenciling of 25 mph speed limit signs on the roadway, painting of edge stripes along the parking lanes, putting in a yellow stripe down the center with pavement markers, and installation of residential neighborhood signs. When the speed studies were completed on the street it was found that the 85% percentile speed was essentially the same as it was before the various different measures were implemented. While staff had hoped to get a slight reduction in speed, the speeds held pretty much the same as in the past. The traffic counts were reviewed with counts dating back into the 1980's. It was found that there is virtually the same volume of traffic since 1985, which is around 4000 cars per day. In 1989 it increased to about 5000 cars per day and now it is down to an average of 4500 cars per day, which is not considered to be an unreasonable number of trips per day. A 1974 speed study showed a critical speed of 36 mph and it has gone up to where it is now between 39 and 40 mph depending on which study you look at. One of the items that was previously discussed was whether or not the speed limit on this street should be increased. He reported that an erroneous newspaper article was published on Monday that indicated that staff is recommending increases in speeds on this street and on a number of other streets in the City. He reiterated that staff is not recommending increasing the speed limits. He explained that the memo states that because the speed limit is set at 25 mph and not at a speed based on the critical speed, it is not possible to use radar as an enforcement mechanism on the street. The memo also points out that a traffic pacing method of enforcing speeds is also not viable in a quarter mile long street. One of the items which is discussed in the staff report is an East Costa Mesa traffic ad -hoc committee. For several months this committee has been meeting with two City of Costa Mesa council members, a consultant and staff from ,Costa Mesa to look at traffic circulation in the area generally bounded by 17th Street, Irvine Avenue, Old Newport Boulevard, and Del Mar Street (Santiago falls in this area). They have most recently made some recommendations and will be discussing those recommendations in a public forum at the City of Costa Mesa Council Chambers on June 4, 1997 at 6:30 p.m. The recommendations that they have are mainly centered in the area between 17th Street and 19th Street and are dedicated towards reducing what they call "pass- through" traffic going from Newport Boulevard to Irvine or the reverse. 19th Street is not being restricted from the standpoint of barriers or turn restrictions that would be placed on that street, however they are using what they call "chokers," pavement markers and raised pavement markers to funnel the traffic from one side of the street to the other and in general reduce lane widths. He said staff anticipates that with that type of control some of the motorists who normally use 19th Street may be discouraged and go down Irvine Avenue and possibly use Santiago. There are a number of Costa Mesa's recommendations which will impact traffic along Irvine Avenue. The City of Costa Mesa is proposing some morning peak hour turn restrictions and those should probably have approval from Newport before they are implemented. Staffs recommendation is that an ad -hoc committee be established that would follow the recommendations of • the Costa Mesa study group because after it is goes to this public hearing it will go to one more committee meeting and then be referred to their Volume 51 - Pat;e 259 City of Newport Beach City Council Minutes May 27, 1997 • Planning Commission for hearings and ultimately to their City Council in August or September. He said he feels it would be prudent for the City to make official recommendations on what it considers to be the impacts on the City. In response to Mayor Debay, Mr. Webb stated that if the City can establish that there is an impact on the streets in Newport Beach we can ask that those impacts be addressed and. that Costa Mesa not implement any programs that would further impact our streets. Mr. Webb reported that 22nd/Santiago is a secondary arterial both on the Circulation and Transportation Element as well as the County's Master Plan of Arterial Highways, therefore the City is somewhat limited in what can be done in the way of closing down lanes or using traffic diverters. Any measure that would be taken would have to still allow traffic to utilize the street. In Costa Mesa 19th Street was downgraded from a secondary arterial, which is a four -lane roadway on the Master Plan, to an arterial collector, which is a two -lane roadway, therefore Costa Mesa is within its Tights to restrict flows on 19th Street through the use of islands, diverters and stop signs. He said that staff has found that 22nd Street appears to be a very wide and broad street because there is very little parking on the street on a regular basis. He said it was staff s hope that the parking lane striping would help to confine it. At intersections or mid -block the City could use a • painted or raised pavement marker median area to further narrow the through lanes. Currently the lane configuration would be a 9 -foot parking lane and 11 -foot through lanes. He said he believes a 3 -foot median could be striped in without creating a turning problem. He said one of the reasons he is concerned about suggesting any other kind of median is that a number of the residents are going to want to make left -hand turns into and out of their driveways. It has been suggested by the residents that they would like to see speed bumps or humps on the street. The Public Works staff doesn't feel they are appropriate from a traffic service standpoint to be installed in an arterial, however it is possible if that is Council's wish. He said there is one cul -de -sac that serves 7 -8 houses and that is the only street intersection in the one - quarter mile long block. If a stop sign were to be installed there it would not meet the warrants for a stop sign, however it is a possibility. In response to Mayor Pro Tern Edwards, Mr. Webb explained that in order to downgrade the street from a secondary arterial it would require a request to be filed with OCTA. A joint study would have to be done and the City would have to justify that the classification being requested is warranted by the traffic projections. Costa Mesa downgraded the street from a secondary to a collector as part of the SARX study, which indicated that the traffic volumes on 19th Street at ultimate build -out would not support the secondary arterial concept (8000 -9000 range per day). He said that the traffic projections support a lower designation for 22nd Street and the City would have more flexibility in dealing with the flow of the traffic. He said that if the street is downgraded it should still remain on the arterial system as a • collector. Between Newport Boulevard and Irvine Avenue there is a three - mile area between 17th and Del Mar and there needs to be cross circulation between the two streets and there can't be a barrier a mile wide without Volume 51 - Page 260 1 1 1 City of Newport Beach City Council Minutes May 27, 1997 1 1 some access through there. The cross through locations shown on the circulation element map are at 17th Street, 19th Street, 22nd Street and Del Mar, which are appropriate locations. Mr. Webb said that an option, if approved by the residents, would be to get rid of the parking and make a larger median in the middle, thus narrowing the road in order to reduce the speed. Council Member Glover asked what would need to be done in order to make Santiago /22nd Street a local street. She referenced the 55 freeway and 19th Street dumping into Newport Beach and stated that the City needs to take the leadership in what needs to be done on the City's streets. She said the City should emphasize that 17th Street is the street that should be used as a cross street. Motion by Council Member Glover to direct staff to start the process to redesignate Santiago as a local street and that a committee be established that will sunset in 30 days consisting of someone from Francisco, Windward, Holiday and Santiago, to look at the impacts on those streets and report back to Council with their findings. George Rombach, 2009 Centella Place, said he generally concurs that the traffic flow has not increased that drastically pertaining to the number of cars. However, since the widening of Victoria by Costa Mesa to a more • substantial artery and the higher speed limits it provides and the opening of the 55 Freeway extension there has been a significant change in the nature of the traffic flow especially eastbound. He said there are two factors: 1) the cutting off of those streets that have higher speed limits and people are not conscious that they're going as fast as they're going; and 2) the downhill grade. He said he thinks the problem on Santiago is fairly directional - eastbound and part of the factor is the downhill nature of the westerly half of Santiago combined with the fact that people have been driving at higher speeds and are not conscious of the speed reduction compounded by the tendency of accelerating down the hill. He said he doesn't believe the Public Works study correctly measured the problem. The monitors were half way up the hill before vehicles reached their maximum speed, and they hit the maximum speed at about 15 to 20 feet west of Centella. On the average most people "roll- through" the stop sign at 15 -20 mph and speed up from there. He said his issue is addressing the eastbound traffic. He said he would like to see some cooperation with the residents in terms of where to place the monitor for the study. He said that critical speed, which is a measure for enforcement, doesn't mean the speed is safe. He said he wouldn't be opposed to upgrading the speed limit to 30 mph if it were combined with a serious monitoring and enforcement program. He explained that the boundary line between Costa Mesa and Newport Beach goes down the middle of Tustin, therefore the City could not put speed bumps at the stop sign on the Costa Mesa side. If it would not impact the rights under OCTA by putting the speed bump at the Tustin curb line on the other side of the intersection, it would be an impact and a deterrent to traffic • flow. The other logical place for the speed bump would be two - thirds of the way down the hill before the traffic gets to maximmm speed. He said that it is his understanding that this could impact the highway funding with OCTA Volume 51 - Page 261 City of Newport Beach City Council Minutes May 27, 1997 II0 9 by impacting the flow of the secondary arterial. In response to Mayor Pro Tem. Edwards, City Manager Murphy explained that there are dollars in the budget to upgrade the trailers, but not go to a photo radar standard. He said the City has the equipment that shows the speed limit as you drive by. The next technology up is a photo radar technology which a number of cities have used which actually has fixed equipment that would monitor the speed and as they pass take a photograph of the face of the driver and the license plate. Other cities have used this technology either by purchasing the equipment or entering into an agreement with a company to lease the equipment or have them operate the equipment. He said if Council is interested in using photo radar staff would need to come back with information on cost, etc. NOTE: Council Member Hedges arrived at 8:10 p.m. Bryan Bond, 2431 Santiago Drive, distributed a colored map of the area to show where Santiago Drive sits in relation to the City of Costa Mesa and Newport Beach. He said they have a unique street in that they have an elevation drop from the top of Santiago to the stop light at Irvine Blvd. He said the stop light at Irvine Blvd. is the key and any motorist coming down the street must stop at the stop light. He said their effort is to contain the motorist at the 25 mph speed limit. If the motorist did not want to come • down Santiago Drive his options would be to take a right turn on Tustin and go down Windward or Francisco. He said he is an advocate for speed mounds since he has children and there is a tremendous number of pedestrians, bicyclists, etc. in the area. He said the residents have looked at various ways of containing the speed of the traffic, not necessarily the volume. He said he thinks the measures that have already been implemented have helped a little bit and made people more aware of what is going on in the street, however the problem still persists. David Gelbaum, concurred. with Mr. Rombach about the eastbound traffic being the problem. He pointed out that there are no sidewalks on the street so it is very dangerous. He spoke in support of speed bumps or methods to slow down the traffic. In response to Mayor Pro Tern Edwards' question about the justification for a stop sign at Centella, Mr. Webb explained that usually a stop sign that is placed in a location where it is not properly wan-anted is not recognized as being there for a reason and motorists tend to "roll- through" it. City Attorney Burnham said that there is an argument that a traffic engineer would be able to use to establish what they need to prove liability, which is a dangerous condition on City property. He said in his opinion the City probably could design the stop sign and warn drivers sufficiently to avoid a finding by a jury that the stop sign constituted a dangerous condition. He said he doesn't know if the City would be entitled to design • immunity, which is something the City uses to get out of cases because of the absence of the warrants. Without knowing more about the intersection, how the stop sign would be placed and what kind of warning markers would Volume 51 - Page 262 C J City of Newport Beach City Council Minutes May 27, 1997 INDEX accompany the stop sign, he doesn't see it as being a dangerous condition. He said if there were an accident there the lack of warrants would be a factor that an attorney would consider in deciding whether to file a lawsuit. Jane Farwell, 2426 Santiago Drive, said she will support anything that will slow the traffic down in order to protect her neighborhood and surrounding neighborhoods. She spoke in support of the use of speed bumps. Harvey Wallevand, 1224 Highland Drive, read the second paragraph of the staff report under conclusions and recommendations related to the various techniques used to slow down the traffic, their effectiveness and the appropriateness of other methods to calm the traffic. He questioned the effectiveness of the use of speed bumps. He said a number of physical things have been tried to slow down the traffic and suggested using a process to educate drivers. Council Member Hedges reported that he was in north Seattle last week and noted that at every block at every intersection they have installed a landscaped type traffic circle which requires that, you slow down in order to get around it. He questioned whether something like this would work in lieu of speed bumps which has had varied success in actually slowing traffic. Mr. Webb explained that a raised circular island with patterned concrete • paving was placed at the intersection of Cliff Drive and Irvine Avenue. He said it was there a day before the City had thousands of phone calls complaining about it and it was removed at the direction of the City Council within about a 12 -24 hour period. The islands as described by Council Member Hedges would be similar in nature to what Costa Mesa is using in the way of the raised pavement markers to channelize or try to reduce lane widths without having a raised impediment in the middle of the street. Steve Berger, 2001 Centella Place, said he represents 28 of the 29 residents on Santiago, Centella and what they call Little Irvine. He addressed the issues of condemnation of property values, competency and accountability of people in the department, wrongful death, and. attractive nuisance. He voiced the needs for some controls on Santiago so it isn't an attractive nuisance. He said he believes the report of 40 mph is erroneous based on the location of the speed counters. He pointed out that the staff report indicates that what Costa Mesa plans on doing will actually slow traffic down on Santiago because the volume will be increased. He said he doesn't think this is a resolution to the problem. He stated that a "No Truck" sign was placed on the street, however there has been no enforcement of it. He said that condemnation is an act when the property rights are not protected and any realtor will report that a fast street brings property values down. He said the actual speed limit is over 45% higher than the posted speed limit, thus the City is condemning $30 million worth of property values. He submitted a list of questions and a chart showing safe stopping speeds. • Council Member Glover reiterated her motion and clarified that the appropriate staff members and Mayor Pro Tem Edwards and herself will be part of the committee. Volume 51 - Pal;e 263 L, City of Newport Beach City Council Minutes May 27, 1997 nVDEX Mayor Pro Tern Edwards said he would like the committee to consider a stop sign at Centella, the photo monitoring /photo radar enforcement mechanism, how the City will interface with Costa Mesa, and the concept of some kind of a median to narrow the traffic lanes on Santiago/22nd Streets. Mr. Murphy said that staff would presume with the formation of this committee that one or both of the Council Members or staff on the committee would attend the meeting on June 4th with direction from the subcommittee of the Council. Mayor Pro Tem Edwards requested that Mr. Berger's list of questions, the petition submitted by residents of Santiago and Centella Place dated May 27, 1997 and the comments submitted by Bryan and Stacie Bond dated May 26, 1997, be made part of the record. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 19. ORAL REPORT CONCERNING THE APPEARANCE AND • REGULATION OF THE EXTERIOR ON BLTII,DINGS (Requested by Council Member Glover). Assistant City Manager Wood reported that this item was requested by Council Member Glover. She said she believes Council Member Glover's concern is that with the construction of new multi - family residential development the materials used in that construction do not always conform with the quality of materials or the appearance of them in surrounding areas. She said that there are provisions in the zoning code for site plan review, however at the present time it does not apply to multi - family residential construction and it is limited to certain areas in the City. If it is Council's desire, the code can be amended to have those provisions apply to multi - family residential construction and also include additional findings as to conformity of the materials with what is in surrounding areas. This would also require that the developer submit more information with regard to architectural details and perhaps colors and material boards and there would be more for the Planning Commission to review. Landscaping could also be included if that is also a concern. Council Member Glover said she believes the key word is "commensurate materials," not design review. She said she is talking about materials that are not of the quality that has been seen recently in Newport. She gave examples of the different levels or grades of windows and stated that when a • lower grade window is installed it cheapens the neighborhood. She said she has concern that some of the multi - family units that have been developed have not added to the neighborhood and have actually taken away from the Volume 51 - Pal;e 264 L] City of Newport Beach City Council Minutes May 27, 1997 110 11) neighborhood. She spoke in support of trying to retain property values in the City. Council Member Hedges stated that there is a provision in the zoning code (Section 20.60.060(C)) which establishes an architectural committee and could address the very thing Council Member Glover is concerned with and all the Council needs to do is staff the committee. He said Council may need to adopt a policy to implement the provisions of the code. Assistant City Manager Wood indicated that this particular code section currently applies only to commercial and industrial districts, however with Council direction staff can bring back a code amendment so the provisions apply to residential districts, or the site plan review provisions can be expanded. City Manager Murphy noted that a neighboring city has given design and architectural review a terrible name, however in most other cities in southern California design review occurs without the draconian effects experienced by this neighboring city. He said that right now the City has a lot of design, parking, and landscaping standards, however the code can be amended to require the review of the quality of the materials without being so draconian. • Motion by Council Member Glover to request that staff look into amending the provisions of Section 20.60.060 so that they apply to multi - family dwellings. Council Member Thomson spoke against the motion and said he believes in the free market economy and having good taste as an individual decision. He said he doesn't think the City should get anywhere close to a design review situation. He said the only design review we need we have in the marketplace. If a developer builds a product that is substandard, it won't sell and they won't do it again. He said he doesn't want the government to be involved in all of these things. In response to Mayor Pro Tem Edwards, Council Member Glover said that this would apply to multi - family original or built from scratch dwellings. Substitute motion by Council Member Hedges to direct staff to bring back ways to implement Section 20.60.060 as it pertains to residential structures, as well as how an architectural committee would look, how it should be staffed and a survey of other cities on how they implement architectural review and how their codes look. Council Member Glover said she is opposed to architectural design review for individual single - family homes, however is very concerned with multi- family and how it has evolved most recently. She said she doesn't like to have the government get involved, however the people that have money • invested in this community have rights, and the Council needs to help retain property values. Volume 51 - Page 265 • • J City of Newport Beach City Council Minutes May 27, 1997 Council Member O'Neil said he would not support the motion and noted that he is not in favor of design review for the same reasons stated by Council Member Thomson. The substitute motion failed by the following roll call vote: Ayes: Hedges, Glover, Mayor Debay Noes: O'Neil, Thomson, Edwards, Noyes Absent: None Abstain: None Pursuant to Mayor Debay's direction it was determined that no further action was necessary. 20. ORAL REPORT CONCERNING TREES REPLACING PARKING SPACES (Requested by Council Member Glover). Assistant City Manager Wood reported that Council Member Glover requested this item in order to see if there is a way to increase the amount of landscaping in the parking areas by essentially working out a trade for parking space for the landscaping with property owners. At the present time the code does not have standards for the landscaping of parking areas other than in a couple of the specific plan districts. The code provides that the Planning Commission can waive some of the parking requirements for commercial development if certain findings are met, and which requires a use permit. If the Council wants to pursue this, staff can prepare an amendment to the code to add another circumstance where parking can be waived in exchange for landscaping. She said Council may want to limit it to a certain number of spaces or a certain percent of the required spaces and perhaps have some review to determine the parking impact in the area. She said that could be done either at the Planning Commission or Planning Director's level. In response to Mayor Pro Tem. Edwards, Council Member Glover said that in the older sections there are vast spaces of asphalt and she would like to see some trees planted in some of the parking lots, however there is no incentive for an owner to do that and in fact because of the parking requirements there are disincentives. Motion by Council Member Glover to direct staff to return to Council with incentives for the older sections of town, or newer if appropriate, that some trees be placed in the parking space and that those not be counted against the parking requirement. Following discussion about the concept, Council Member Hedges moved to amend the main motion to include architectural review as part of the staffs consideration. The amendment to the motion failed by the following roll call vote: Volume 51 - Page 266 101�/' City of Newport Beach City Council Minutes May 27, 1997 • Ayes: Hedges Noes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Absent: None Abstain: None The main motion carried by the following roll call vote: Ayes: Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: O'Neil Absent: None Abstain: None 21. ORAL REPORT CONCERNING BACK BAY DREDGING (Requested by Mayor Pro Tem Edwards). Assistant to the City Manager Ducey distributed a written report received today from Ken Emanuels, the City's legislative advocate. Last week after three months of hard work and intense lobbying in Sacramento both the Senate and the Assembly Budget Subcommittees included a line item specifically to fund the Upper Newport Bay Sedimentation Control project. The Assembly approved $2 million from the Harbors and Watercraft Revolving Fund. The Senate approved $2.9 million from the Tidelands Oil Revenue account. These actions are for differerent funding amounts and • funding sources and those differences will ultimately be worked out in the legislature's budget conference committee that will start its hearings next week. It is unlikely that the Conference Committee will approve both sources of funding and probably what will happen is they will reconcile the two funding amounts and the City will get somewhere between $2 million and $2.9 million in terms of a specific line item for the Upper Newport Bay. Once the legislature approves the final version, then the Governor has line item veto authority over any of the Conference Committee line items that they adopt. She said staff is in the process of working with the administration to make sure that they can support one or both of those funding sources to insure that once this gets to Conference Committee, the City will get something when the legislature comes out with the budget. The legislature's action will probably only get the City about halfway to the point of what is needed of the total $5 million for the dredging project. The most likely source of funds for the remainder of the project is Assembly Bill 241 by Assemblyman Lempert. This is the $6.3 million that the Governor originally proposed for the Wetlands Restoration Clearinghouse, which the Senate actually pulled out of the budget and put into this budget trailer bill. The Coastal Conservancy is working closely with Assemblyman Lampert at this time to craft a bill that is going to be able to be supported both by Republicans and Democrats. The City's legislative advocate, Ken Emanuels, is also working with Assemblyman Lempert's staff to see if a line item can be added specifically for the Upper Newport Bay for the remainder of the funds that are needed to dredge the bay. The feedback from Lempert's staff is that an add -on like this is not out of the question, so staff will continue to work it • from that direction as well. If the bill passes the City would not have to wait until January of 1.998 to receive the funding since this is a budget trailer bill. She acknowledged the work of the local legislators, Assemblywoman Brewer Volume 51- Page 267 INDEX • City of Newport Beach City Council Minutes May 27, 1997 and Senator Ross Johnson, and noted that without their commitment and hard work on this project the City would not be where it is today. She said the City has broad base support from statewide environmental groups that really got started in terms of their support from some of the local environmental groups. She said there have been people working hard at the local level and the County of Orange has also been working with their lobbyist and contacts in Sacramento. She said the efforts of this broad based team that is working on this almost daily is being coordinated through Ken Emanuels. As of now it looks like the City is in a very strong position. As a backup to the State funding the City, through Congressman Cox, has submitted a request for $5 million in federal fiords to fund the dredging. That is continuing to move through the federal process as well. Mayor Pro Tem Edwards acknowledged Mrs. Ducey and City Attorney Burnham, in addition to Senator Johnson and Assemblywoman Brewer. He asked what Congressman Cox has done for the City. Mrs. Ducey reported that Congressman Cox submitted a letter requesting the $5 million. The legislative advocate in Washington is working with his staff, however it has not come up for hearing yet. Council Member Glover reported that conversations were held with Congressman Cox and his aide last week and they feel very confident that • the City will receive those funds. Discussions were also held about a back -up plan if the funds didn't come through. In response to Council Member Noyes, City Manager Murphy suggested that anyone interested in assisting with the state lobbying efforts at this time should direct their efforts towards writing to the Governor. 22. UNSCHEDULED VACANCY ON THE CITY AE1TS COMMISSION. Motion by Mayor Pro Tem Edwards to accept the resignation of Michael Coon effective 5/13/97; waive noticing and appointment requirements pertaining to unscheduled vacancies as outlined in City Council Policy A -2; and direct the City Clerk to incorporate the appointment for this vacancy with the appointments to fill the scheduled vacancies. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None MOTION FOR RECONSIDERATION - None • ADJOURNMENT The Council discussed the budget study session scheduled for June 2, 1997 and Volume 51 - Page 268 1 1 / Arts Comm (24) • City of Newport Beach City Council Minutes May 27, 1997 Council Member Hedges voiced concern because two members of the Council will not be in attendance. Motion by Council Member Hedges to adjourn to Monday, June 9, 1997 at 3:00 p.m. for an Adjourned Regular Meeting (Budget Study Session) followed by the Regular Meeting at 7:00 p.m. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes Noes: Mayor Debay Absent: None Abstain: None Mayor Debay adjourned the meeting at 9:10 p.m. in memory of Donnie Bridgman in recognition of his life, his achievements, his friendships, and his classmates. She expressed the Council's concern and prayers for all the students that were involved in the accident, especially for Amanda Arthur, Dan Townsend, William Watson and Jason Rausch. She said the Council's prayers go out to them, their families and their classmates. She also adjourned the meeting in memory of Gary Lovell, one of the founding members of AWG and SPON, who was called by everyone who knew him "a real gentleman." se * *xxxx *a *• *a *•ar *xxx • The agenda for the Regular meeting was posted on May 21, 1997 at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �1� 2. Recording Secretary C May r City Clerk • Volume 51 - Page 269 INDEX