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HomeMy WebLinkAbout04/13/1998 - Regular Meeting• CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 13, 1998 - 7:00 p.nL INI CLOSED SESSION - 5:00 mm. CLOSED SESSION REPORT PRESENTED . None u • RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Council Member Debay Invocation by Father Patrick A. Doherty, Catholic Church of Our Lady of Mt. Carmel. Proclamation Declaring the Week of April 19 - 25, 1998, as "National Library Week ". Council Member Glover expressed concern relative to City traffic potentially being impacted by a Costa Mesa hotel rebuilding project. She requested that the City Manager track the project and provide input into the situation. Council Member Debay reported that beach debris cleanup has been ongoing six days a week and that the City will be reimbursed for its cleanup efforts by FEMA. Council Member Thomson requested a brief report relative to the enforcement of the City's hazardous waste ordinance on car washes. CONSENT CALENDAR READING OF MINUTESlORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF MARCH 23, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. Volume 51 - Page 665 • • City of Newport Beach City Council Minutes April 13, 1998 INDEX Vn.L11NAINUZ C VK 1041"Jiu AlkilN 3. ORDINANCE NO. 98 -6 AMENDING SECTIONS 5.96.020, 5.96.025, Ord 98 -6 AND 5.96.040 OF THE NBMC RELATING TO ADULT ORIENTED Adult Oriented BUSINESS APPLICATIONS AND THE OFF -SITE PRESENTATION Businesses OF LIVE, ADULT ORIENTED ENTERTAINMENT. (53) RESOLUTIONS FOR ADOPTION 4. RESOLUTION NO. 98 -22 AMENDING THE CITY'S FEE SCHEDULE Res 98 -22 FOR MUNICIPAL SERVICES INVOLVING SOLICITATION. Solicitation (40) 5. RESOLUTION NO. 98 -23 DESIGNATING THE CITY MANAGER OR Res 98 -23 ADMINISTRATIVE SERVICES DIRECTOR TO BE THE Disaster Assistance AUTHORIZED AGENT(S) FOR THE PURPOSE OF APPLYING FOR Funding FEDERAL AND STATE DISASTER ASSISTANCE FUNDING. (28) MISCELLANEOUS ACTIONS 6. PLANNING COMMISSION AGENDA FOR APRIL 9, 1998. Planning (68) 7. APPROVE BUDGET AMENDMENT (BA -053) TO APPROPRIATE BA- 053 /State $3,825 IN GRANT REVENUES RECEIVED FROM CALIFORNIA Library Families STATE LIBRARY FAMILIES FOR LITERACY. for Literacy (40/50) 8. Removed from the Consent Calendar by Council Member Glover. 9. APPROVE BUDGET AMENDMENT (BA -055) REALLOCATING BA -055 $105,000 TO REHABILITATE THE POLICE DEPARTMENT MEN'S Police Dept. LOCKER ROOM, RESTROOMS, SHOWERS AND PATROL Remodel BRIEFING ROOM. (40/70) 10. APPROVE BUDGET AMENDMENT (BA -056) FOR $100,000 FROM BA -056 BUILDING EXCISE TAX REVENUES TO PURCHASE BOOKS FOR Book Collection THE AMERICAN HISTORY BOOK COLLECTION. (40/50) 11. APPROVE PROFESSIONAL SERVICES AGREEMENT (C -3202) WITH C -3202 IWA ENGINEERS FOR PREPARATION OF PLANS, BA -057 SPECIFICATIONS AND COST ESTIMATES AND BUDGET Intersection AMENDMENT (BA -057) FOR IMPROVEMENTS AT THE Improvements INTERSECTION OF JAMBOREE ROAD/EASTBLUFF DRIVE. (38/40/74) 12. APPROVE BUDGET AMENDMENT (BA -058) TO APPROPRIATE A BA -058 $2,500 LIBRARY DONATION FROM THE ROTARY CLUB OF Track & Field NEWPORT - BALBOA TO THE YOUTH TRACK AND FIELD Championship CHAMPIONSHIP. (40/62) 13. APPROVE BUDGET AMENDMENT (BA -059) FOR $189,150 FOR BA -059 EMERGENCY STORM DAMAGES INCURRED FOR THE RESPONSE Storm Damages TO AND CLEANUP RESULTING FROM THE FEBRUARY STORMS. (40/74) Volume 51 - Page 666 City of Newport Beach City Council Minutes April 13, 1998 • 14. RECEIVE AND FILE REPORT CONCERNING PUBLIC LIBRARY SERVICES TO PUBLIC SCHOOLS IN TI3E CITY (Requested by Council Member Glover). 15. APPROVE PROPOSAL TO PRIVATIZE CROSSING GUARD SERVICES AND AUTHORIZE NECESSARY FUND TRANSFERS. Approve proposal and authorize the transfer of $4,660 in order to fund the proposal for the remainder of the 1997 -98 fiscal year. 16. REPORT CONCERNING THE STATUS OF ELECTRICAL DEREGULATION ON CITY OPERATIONS. Receive and file. 17. Removed from the Consent Calendar by Bill Valentine. Motion by Mayor Pro Tem. O'Neil to approve the Consent Calendar, except for those items removed (8 and 17). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 8. APPROVED BUDGET AMENDMENT (BA -054) TO APPROPRIATE $18,000 FOR ADDITIONAL INSPECTION PERSONNEL IN THE BUILDING DEPARTMENT AND TRANSFER $8,800 FOR • RECRUITMENT THIS FISCAL YEAR. In response to Council Member Glover's questions, City Manager Murphy explained that hiring additional building inspectors as temporary employees is cost effective and that the inspectors will be made aware that their positions will be eliminated once the work is completed. Assistant City Attorney Clauson verified that hiring employees in this manner is legal as long as there is a contract that outlines the conditions of temporary employment. Motion by Council Member Glover to approve BA -054. In response to Council Member Hedges' question, Building Director Elbettar confirmed that inspections relative to RBR are voluntary. Assistant City Manager Wood emphasized that only inspections are voluntary. Without objection, the motion carried by acclamation 17. RECEIVED AND FILED REPORT FROM THE CHAIRMAN OF THE ARTS COMMISSION TO THE CITY COUNCIL CONCERNING THE STATUS OF THE COMMISSION'S STRATEGIC PLANNING EFFORTS. Bill Valentine, Chairman of the Arts Commission, 910 Westcliff, highlighted some of the Commission's goals, objectives, and actions taken that are . outlined in the staff report. Mr. Valentine announced that the Arts Commission will be conducting film Volume 51- Page 667 Ii 01)�►;1 Library (50) Crossing Guard Services (78) Electrical Deregulation (28) BA -054 Building Depart. Inspection Personnel (40/66) Arts Commission (24) City of Newport Beach City Council Minutes April 13, 1998 INDEX • nights on May 11 and 18, and introducing the first juried photo exhibition in August. He stated that the Arts Commission has made great progress this year and is developing a more concise future. He thanked the Council for their support. Council Member Debay suggested that the Arts Commission sell postcards depicting artwork on them as a fundraiser. In response to Council Member Glover's comments relative to working very closely with the Film Festival, Mr. Valentine indicated that he was a judge at the Film Festival and would like to provide organizational assistance. Mr. Valentine stated that he is working with the Film Festival to possibly use the Central Library Friends Meeting Room so that all Festival venues remain in Newport Beach. Council Member Glover suggested using the Edwards Theatre, but noted that the cost may be too high. Howard Herzog, Arts Foundation, 1 Northhampton Court, expressed hope that the Foundation will alleviate the Art Commission's use of City funds and help expand the cultural projects done by the Commission. Maxine Gabor, 1436 Mariners Drive, Director of Education at the Orange County Museum of Art, commended the City and the Arts Commission for forming partnerships with art organizations that help bring living art to the • City. She stated that the Arts Commission is helping fund arts programs for first graders and an artist's residence project for junior and senior high students, which will be displayed in the City Hall lobby in May. Gillian Finley, 1824 Kaiser, Irvine, Ballet Pacifica, stated that the Arts Commission was very helpful in bringing dance into the Newport Beach elementary schools. Motion by Mayor Pro Tern O'Neil to receive and file the report. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Savvas Roditis, 10700 W. Katella, Anaheim, South Coast Cab Company, Inc., expressed disappointment in the City's participation in the Orange County Taxi Administration Program (OCTAP). He expressed the opinion that the contract is not being handled as initially presented; that there are not enough inspectors to inspect for proper vehicle licensing; that the registration fees have greatly increased; and that the insurance rate has drastically increased. Mr. Roditis indicated that the increased costs decrease the amount of revenue they can generate and requested that the City withdraw from OCTAP. He believed that there were not enough taxi cabs this weekend and that the Police Department was stopping all taxis. • Council Member Hedges suggested placing this matter on a future agenda as this was not how the contract was supposed to be administered. Volume 51 - Page 668 • • • City of Newport Beach City Council Minutes April 13, 1998 Mr. Roditis presented Council with correspondence expressing his concerns. PUBLIC HEARINGS 18. AMENDMENTS TO THE GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE PLAN AND A PREZONE AMENDMENT WHICH ARE NECESSARY TO ANNEX A PORTION OF THE SHELTON RESIDENTIAL PARCEL THAT IS LOCATED OUTSIDE OF CITY LIMITS. Mayor Edwards opened the public hearing. Hearing no testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tem O'Neil to introduce Ordinance No. 98 -7 for Planning Commission Amendment 870 and pass to second reading on April 27, 1998; adopt Resolution No. 98 -24 for General Plan Amendment 98 -1(D) and Local Coastal Program Amendment 49; and directed staff to bring back an ordinance on April 27, 1998, adding this area to Council District No. 6. Without objection, the motion carried by acclamation. 19. CONDUCTING AUTHORITY HEARING REGARDING THE ANNEXATION OF BONITA CANYON AND THE INTRODUCTION OF AN ORDINANCE ADDING THIS AREA TO A COUNCILMANIC DISTRICT. In response to Mayor Edwards' question, Assistant to the City Manager Kiff indicated that no protests against the annexation were filed. Mayor Edwards opened the public hearing. Hearing no testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tern O'Neil to introduce Ordinance No. 98 -8 attaching the Bonita Canyon reorganization area to Council District No. 5 and pass to second reading on April 27, 1998, and adopt Resolution No. 98 -25 ordering the Bonita Canyon area annexed into the City since Council found that less than a majority protest exists pursuant to Government Code Section 57078. Without objection, the motion carried by acclamation. 20. FIVE -YEAR OFFICLAL POLICE TOW TRUCK SERVICE CONTRACTS. Mayor Edwards opened the public hearing. James Lewis, 531 El Modena, Jim's Towing Service, stated that the City Manager indicated that Jim's Towing Service met all requirements but were not given the police tow truck service contract again. He requested a chance Volume 51- Page 669 liN13o17 Ord 98 -7 Res 98 -24 Shelton Annexation (21/45) Ord 98 -8 Res 98 -25 Bonita Canyon Annexation (21) C- 3189/C -3203 Police Tow Truck Service (38/70) City of Newport Beach City Council Minutes April 13, 1998 • at the contract In response to Council Member Debay's questions, Mr. Lewis indicated that Jim's Tow Service has CHP service experience; that his facility is in the same block as the other tow companies; that 24 -hour dispatch is available; and that Jim's Tow Service has more equipment than the City is requiring. James Haden, General Manager of Jim's Towing Service, stated that they purchased new big rigs that have been used by the Fire Department; have four -wheel drive vehicles which both Harbor Towing and G & W Towing have used; and have air bags that can assist with rescues. Mr. Haden offered these services along with the police tow truck service to the City. Wayne Miller, G & W Towing, agreed with the staff report and its conclusions. He agreed to comDly with all the recommendations. Jody Campbell, Harbor Towing, stated that the company has been family - owned and operated for 30 years and that their record speaks for itself. Hearing no further testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tern O'Neil to approve the issuance of Certificates of Public Convenience and Necessity and award contracts for official police tow truck services to Harbor Towing (C -3189) and G & W Towing (C- 3203). • Council Member Hedges expressed concern relative to the final contracts not being included in the staff report, Revenue Manager Everroad clarified that the intent was to use the current contracts and amend them with the Police Department's suggestions. City Manager Murphy indicated that the final contracts can be brought back for Council approval at the April 27 meeting. In response to Council Member Hedges' questions, Mr. Murphy reported that, although there is nothing in the agreement which precludes the inclusion of a third tow truck company, very little income would be made if a third tow truck company was included. Mayor Edwards asked the maker of the motion if it would be possible to include bringing back the contracts on April 27, 1998, as part of the motion. Mayor Pro Tem O'Neil concurred. Without objection, the motion, as amended, carried by acclamation. 21. GENERAL PLAN AMENDMENT - 3300 BLOCK OF VIA LIDO FROM RETAIL AND SERVICE COMMERCIAL TO MULTI - FAMILY RESIDENTIAL. Mayor Edwards opened the public hearing. • Pam Whitesides, 3322 Via Lido, applicant, urged Council to grant the original application for multi - family residential zoning as she believed that zoning which requires less than four units on a condominium parcel will not Volume 51 - Page 670 INDEX Ord 98 -9 Res 98 -26 Via Lido (45) • City of Newport Beach City Council Minutes April 13, 1998 INDEX share many of the non - conforming issues that existed when the parcel was zoned commercial. She expressed the opinion that R -1 zoning will create more problems relative to living on the property and resale value; and would deprive two of the four current owners of all the uses of the property. Ms. Whitesides expressed the opinion that MFR zoning makes sense since the two mentioned condominiums look like single - family residences that will look even better once they have the incentive to make improvements. If, in the future it makes sense to put two single - family homes on the parcel, she stated that the City can let the owners, developers, and the free market work out the downzoning. Paul Balalis, 1500 West Balboa Boulevard, applicant, concurred with Ms. Whitesides, adding that a resident would be giving away 6 feet of setback for pedestrian access under Condition 15. In response to Council Member Glover's question, Mr. Balalis stated that Condition 15 is a requirement under the Local Coastal Plan only if it is possible and contiguous. He believed that, to his knowledge, the Coastal Commission has never imposed the requirement in front of residential areas. He believed that the City should go on record as opposing this. Mr. Balalis also expressed concern with Condition 6, expressing the opinion that backing out of driveways may be an option. Regarding Condition 15, Planning Director Temple stated that the City's • Local Coastal Plan and the California Coastal Act does address the requirements of vertical and lateral access to the water. She reported that, in this case, it was staffs opinion that, since the residential area was bracketed on either side by planned commercial development, the long range goal of contiguity around the portion of the bay should be achieved. However, should Council determine that water access exists nearby and that the provision of access would create an unsafe condition or adversely impact private residences, then Council has the authority to not impose that requirement. She noted that the Coastal Commission could overrule Council determination. Regarding condition 6, Ms. Temple reported that it is a standard sight distance requirement, does not dictate a particular configuration of the driveways, and would not preclude backing out onto Via Lido. Assistant City Attorney Clauson stated that she has been involved in a couple of situations in which the City had to enforce the access requirement on the adjoining property. The original subdivision required them to provide the access along the bay and even extend it upon the redevelopment of the adjoining properties. She reported that she had to file a lawsuit to get the adjoining property owner to keep coastal access and access to the parking lot area open. In response to Council Member Debay's questions, Ms. Temple indicated that the conditions in tonight's staff report were the same conditions that were • provided at the Planning Commission meeting. Regarding Mr. Balalis' case, she reported that the issue was the approval or denial of the project, not the detailed conditions. Council Member Debay requested more information Volume 51 - Page 671 • • City of Newport Beach City Council Minutes April 13, 1998 relative to past projects where coastal access has been waived. Ms. Whitesides also expressed opposition to Condition 6. Hearing no further testimony, Mayor Edwards closed the public hearing. Motion by Council Member Hedges to introduce Ordinance No. 98 -9 approving amendments to Districting Map Number 4 to reclassify property located in the 3300 Block of Via Lido from the RSC District to the MFR District (Amendment 868) (Condition 16 deleted and staff directed to prepare appropriate findings to support the deletion) and pass to second reading on April 27, 1998; and adopt Resolution No. 98 -26 approving an amendment to the land use element of the Newport Beach General Plan and the Local Coastal Program Land Use Plan [General Plan Amendment 97 -3 (A)/LCP No. 481. Without objection, the motion carried by acclamation. 22. APPOINTMENTS BY THE CITY COUNCIL TO THE AVIATION COMMITTEE (appointed by Council upon recommendation of each Council Member). Motion by Mayor Edwards to confirm the following nominations (all other appointments were confirmed on February 9, 1998, and March 9, 1998): Aviation Committee (District 1) Council Member Hedges' appointment of Robert Shepherd and (alternate). (District 2) Council Member Debay's appointment of Timothy Brown (alternate). (District 3) Council Member Glover's appointment of Gary Cohen (alternate). (District 4) Mayor Edwards' appointment of Clint Rveel (alternate). (District 6) Mayor Pro Tem O'Neil's appointment of Bill Lusk (alternate). (District 7) Council Member Thomson's appointment of and Without objection, the motion carried by acclamation. 28. APPOINTMENT BY THE CITY COUNCIL TO THE • ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (appointed by Council upon recommendation of each Council Member). Volume 51 - Page 672 INDEX No Report EQAC (24) City of Newport Beach City Council Minutes April 13, 1998 isMotion by Mayor Edwards to confirm the following nominations (all other appointments were confirmed on February 23, 1998, and March 9, 1998): Environmental Quality Affairs Citizens Advisory Committee (District 4) Mayor Edwards' appointment of Sandra Glaser (at large). (District 7) Council Member Thomson's appointment of Ray Brandt and Earl McDaniel (at large). Without objection, the motion carried by acclamation. 24. UPDATE REGARDING NEWPORT COAST ANNEXATION. Assistant to the City Manager Kiff indicated that the City formed an ad hoc committee which met with Newport Coast residents. However, he requested that Council continue this item for 30 days in order to conduct more meetings. He noted that a proposed first year budget is also included in the staff report. Motion by Council Member Hedges to receive and file the staff report and continue the decision to file a Resolution of Intent to annex Newport Coast for thirty (30) days. Without objection, the motion carried by • acclamation. 25. REVIEW OF LIGHTING AT FLETCHER JONES MOTORCARS. Assistant City Manager Wood reviewed the staff report, stating that the landscape architect gave the City feasible landscaping options. Carol Hartman, 414 Plata, representing the North Bluff and East Bluff Community Associations, stated that the lighting issues at the dealership have greatly improved. However, she reported that lights were on all night on two occasions during the 30 day review period. She expressed concerns relative to enforcement after Fletcher Jones Motorcars receives its final certificate of occupancy and stated that the residents want some type of compliance assurance. Ms. Hartman added that residents were under the impression that all mitigation measures, including landscaping, were to be implemented as soon as possible and requested that Council approve the basic landscaping plan and augment the plan during the 1997 -98 capital budget rather than wait until next fall. In response to Council Member Debay's question, Assistant City Attorney Clauson stated that enforcement will be through the standard enforcement mechanism, explaining that a citation will be issued first and that fining the establishment in increasing increments will be the next step. Motion by Council Member Hermes to find the lighting in compliance with mitigation measures and conditions of approval; direct staff to issue final certificate of occupancy; and direct staff to include a landscape screening project in 1998 -1999 capital budget. Volume 51- Page 673 INDEX Newport Coast Annexation (21) Fletcher Jones Motorcars C -3067 (38) City of Newport Beach City Council Minutes April 13, 1998 • Without objection, the motion carried by acclamation. CURRENT BUSINESS 26. REPORT CONCERNING COMMERCIAL SIGNAGE IN PUBLIC PARKS (Requested by Council Member Noyes). Council Member Noyes stated that it was his intention to avoid confusion with the new Ocean Front Marketing Coalition and to set beautification standards. Motion by Council Member Noyes to direct staff to develop a City policy for temporary recognition in City parks for sponsorships of City co- sponsored programs, submit to the Parks, Beaches and Recreation Commission for review, and forward with recommendations to the Harbor, Beaches and Parks Committee of City Council. The policy to include a provision stating that no alcohol or tobacco advertising is allowed and the advertising is not to be visible to the general public. Without objection, the motion carried by acclamation. 27. REVIEW OF AB 2065 (CARDENAS) REGARDING BUSINESS LICENSE TAX ON HOME -BASED BUSINESSES (Requested by • Council Member Hedges). Council Member Hedges reported that staff has been sent to Sacramento to oppose AB 2065 which would prohibit a city from imposing a business license tax on home -based businesses. He defined "home -based business" and questioned the City's need to impose a home -based business license tax and the tax's benefit to the business. He expressed the opinion that home -based businesses have no adverse impact on the neighborhood or City. Council Member Glover stated that many residents who have home -based businesses call requesting City services which incurs additional costs to the City. She indicated that this does have an impact on the neighborhood. Mayor Edwards stated that sending staff to Sacramento is viable as this will help maintain the revenue base; home -based businesses have an impact on the community; and the business license tax compensates the cost for conducting business. He calculated that approximately 20 percent of the business licenses come from home -based businesses which generate about $360,000 a year. Mayor Edwards expressed the opinion that opposing AB 2065 is an effort that the City should continue. Council Member Debay noted that the home -based business license is only $99 a year. Motion by Council Member Hedges that the City not authorize staff to • take any type of action on the proposed Assembly Bill. The motion died for lack of a second. Volume 51- Page 674 I NO 1 9►' Commercial Signage (62/68) Business License Tax/ AB 2065 (27) City of Newport Beach City Council Minutes April 13, 1998 0 to receive and file the staff report. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT - 8:13 p.m. ,rrrtt tarn *,arare,rrrrtsiea * +,r *,r� *,r The agenda for the Regular Meeting was posted on April 8, 1998 at 4:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. • 0-0 �r ty Clerk • &" V' JV,4-,) Recording Secretary Ma Volume 51 - Page 675 l o►'