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HomeMy WebLinkAbout01/11/1999 - Regular Meeting• CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 11, 1999 - 7:00 p.m. INDEX STUDY SESSION - 3:00 p.m. [Refer to separate minutes] CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Dr. J. Donald Turner, Newport Beach Stake - Church of Jesus Christ of Latter -Day Saints. •Presentation of a $5.9 million check, representing the bond amount to fund the Bonita Canyon Park construction, to Pat Beek and Phil Glasgow of the Parks, Beaches & Recreation Commission, and Carol Hoffman of The Irvine Company. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- • Mayor Pro Tem Thomson requested a status report from the Acting City Manager of all the underground districts, including funding information and timelines. • Mayor Pro Tem Thomson requested that the Public Works Department conduct an evaluation of the noise attenuation at MacArthur Boulevard between Ford Road and San Miguel, below bubble drain. He suggested looking at adding to the walls. • Mayor Pro Tem Thomson requested to discuss and have a game plan on how the City can contribute funds to community groups who have already raised funds for facilities. He suggested conducting this type of assistance on an across - the -board basis. • Council Member Glover requested a report of the City's outstanding debts, bond debts, and anything that would be considered a financial • liability. • Council Member Glover requested a report on whether people can conduct private dog sitting businesses in residential neighborhoods. Volume 52 - Page 265 City of Newport Beach City Council Minutes January 11, 1999 • • Council Member Adams requested a report on the Fletcher Jones facility's compliance with the conditions set in their conditional use permit. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE STUDY SESSION AND REGULAR MEETING OF DECEMBER 14, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City a. Item removed from the Consent Calendar at the request of Council Member Ridgeway. Acting City Manager Danner requested that this item be continued. 4. Acting City Manager Danner requested that this item be continued. • 5. RESOLUTION NO. 99 -1 UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 1999 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt resolution. 6. RESOLUTION NO. 99 -2 ESTABLISHING THE AD HOC HARBOR COMMITTEE. Adopt resolution approving the creation of the ad hoc committee for a one year term. 7. AMENDMENT TO SUBSECTION H OF SECTION 1.12.020 REGARDING NEWPORT BEACH MUNICIPAL CODE AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO ISSUE CITATIONS. Introduce Ordinance No. 99 -1 and pass to second reading on January 25, 1999. 8. PROPOSED ORDINANCE AMENDMENTS TO CHAPTERS 5.28, 5.96 AND 10.54 OF THE NEWPORT BEACH MUNICIPAL CODE FOR OBTAINING AND RETAINING AN ADULT ORIENTED BUSINESS PERMIT. Introduce Ordinance No. 99 -2 and pass to second reading on January 25, 1999. ORDINANCES FOR ADOPTION 9. Item removed from the Consent Calendar at the request of Council • Member Glover. 10. ORDINANCE NO. 98 -28 APPROVING AN AMENDMENT TO THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT TO ESTABLISH THE PERMITTED GROSS FLOOR AREA FOR Volume 52 - Page 266 INDEX Res 99 -1 Conflict of Interest (66) Res 99 -2 Ad Hoc Harbor Committee (24) Ord 99 -1 Authority to Issue Citations (53/70) Ord 99 -2 Adult Oriented Business Permit (53127) Ord 98 -28 PCA 877 GPA 98 -1(B) City of Newport Beach City Council Minutes January 11, 1999 • PROFESSIONAL & BUSINESS OFFICES SITE 1 & 2 AT 860,884 SQUARE FEET [PLANNING COMMISSION AMENDMENT NO. 8771. Adopt ordinance. CONTRACTS AND AGREEMENTS 11. FIRE AND MARINE DEPARTMENT COMPUTER NETWORK UPGRADE. Approve Budget Amendment (BA -035) transferring $52,377 from the Building Excise Tax Fund (BET) into the Fire and Marine Department Capital Outlay Account 2310 -9010 to fund the installation of our Network Upgrade Plan; authorize the Fire and Marine Chief to enter into an agreement with Pacific Blue Micro in an amount not to exceed $52,377 for the installation, testing, training and maintenance of a Microsoft Windows NT wide area network; and approve Budget Amendment (BA -035) transferring $17,250 from the General Fund into the Fire and Marine Department 2310 -7000 accounts to provide for the position of Fire and Marine Technical Support Specialist effective February 1, 1999, with salary and benefits not to exceed $69,000 per year. 12. AWARD OF CONTRACT (C- 2825 -K) — SOUND WALLS FOR SEGMENT 2 OF MACARTHUR BOULEVARD WIDENING. Award C- 2825 -K to the low bidder, Cooper Backhoe and Equipment, Inc., for the total bid amount of $148,823; and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $14,883 for unforeseen work • and changed conditions; and approve Budget Amendment (BA -034) appropriating $163,712.50 from the Circulation and Transportation Fund to Account No. 7261- C5100066. 13. Item removed from the Consent Calendar at the request of Council Member Adams. 14. Item removed from the Consent Calendar at the request of Council Member Adams. 15. COMPLETION AND ACCEPTANCE OF PENINSULA PARK (C- 3165). Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 16. Item removed from the Consent Calendar at the request of a member of the audience. 17. Item removed from the Consent Calendar at the request of Council Member Noyes. MISCELLANEOUS ACTIONS 18. PLANNING COMMISSION AGENDA FOR JANUARY 7, 1999. Receive • and file. 19. Item removed from the Consent Calendar at the request of Mayor Pro Tem Thomson. Volume 52 - Page 267 INDEX Newport Place Planned Community (45) BA -035 C -3254 Fire & Marine Computer Network Upgrade (40/38) BA -034 C- 2825 -K Sound Walls/ MacArthur Blvd. Widening — Segment 2 (38/40) C -3165 Peninsula Park (38) Planning (68) City of Newport Beach City Council Minutes January 11, 1999 • 20. Item removed from the Consent Calendar at the request of Cc Member Ridgeway. 21. AUTHORIZE THE EXPENDITURE OF $50,000 OF BUILDING EXCISE TAX APPROPRIATED IN CAPITAL IMPROVEMENT PROJECT C2320334, FIRE DEPARTMENT OFFICE CENTRALIZATION. Authorize the Fire and Marine Department to expend $50,000 of the $268,000 appropriated in the 1998/99 Budget, Capital Improvement Project C2320334, Fire Department Office Centralization. 22. Item removed from the Consent Calendar at the request of Council Member Adams. 23. REQUEST TO CONVERT PART -TIME ELECTRICIAN I TO FULL - TIME ELECTRICIAN II. Approve the reallocation of funding within the Public Works Department Utilities Division budget to convert the part -time Electrician I (9022) position to a full-time Electrician II (5160) position. 24. FINAL TRACT MAP 15584, BONITA CANYON (IRVINE APARTMENT COMMUNITIES) LOCATED AT THE NORTHEAST CORNER OF MACARTHUR BOULEVARD AND BONITA CANYON DRIVE; PLANNING AREA 26 ( BONITA CANYON) - FINAL APPROVAL OF PORTIONS OF THE RESIDENTIAL SUBDIVISION FOR BONITA CANYON. Approve Final Tract Map 15584 with the finding and subject to •the condition of approval set forth in Exhibit "A" of the staff report. 25. APPOINTMENTS BY THE MAYOR TO THE COUNCIL/CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Confirm the following .appointments as recommended by the Mayor: I. A. Aviation Committee 1. Council Member Adams 2. Council Member Glover 3. City Manager or designee 4. City Attorney or designee 5. Current president or designee of Airport Working Group B. Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP) 1. Council Member Debay 2. Council Member Noyes 3. Council Member Ridgeway C. City-School Ad Hoc Committee • 1. Council Member Debay 2. Council Member Glover 3. Council Member Ridgeway 4. City Manager Volume 52 - Page 268 INDEX Fire & Marine Department Office Centralization (41) Public Works/Utilities Electrician Position (66) FTM 15584/ Planning Area 26 (Bonita Canyon)/ Irvine Apartment Communities/ Tract Map Committee Appointments (24/54/61) • • City of Newport Beach City Council Minutes January 11, 1999 L. r.cononuc ileveiopmenz u0numccee 1. Council Member Noyes 2. Mayor O'Neil 3. Council Member Ridgeway 4. Planning Commissioner Selich 5. Chairman — Planning Commissioner Selich 6. EQAC Chairman E. Oil and Gas Field Operations Committee 1. Council Member Debay 2. Council Member Ridgeway 3. Public Works Director 4. Public Works Dept. Utilities Division Manager II. REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES A. Growth Management Area 8 Representative 1. Mayor O'Neil B. Hazardous Waste Material - Joint Powers Authority 1. Mayor Pro Tem Thomson C. Inter -City Liaison Committee 1. Mayor Pro Tem Thomson 2. Council Member Glover (Alt.) 3. City Manager D. Joint Committee for the Evaluation and Implementation of the Upper Newport Bay Cooperative Agreement 1. Council Member Glover 2. Council Member Adams (Alt.) E. League of California Cities /Orange County Division 1. Mayor O'Neil 2. Council Member Noyes (Alt.) F. Orange County Homeless Coalition (Affordable Housing) 1. Council Member Adams 2. Planning Staff Christy Teague G. Orange County Housing Commission -Advisory Committee 1. Planning Staff Christy Teague 2. Planning Staff Patty Temple (Alt.) Volume 52 - Page 269 INDEX • City of Newport Beach City Council Minutes January 11, 1999 H. 1. Council Member Adams 2. Council Member Glover (Alt.) 3. Deputy City Manager I. Consolidated Sanitation District of Orange County CS( DOC) 1. Council Member Debay 2. Mayor Pro Tem Thomson (Alt.) J. Orange County Transportation Authority (OCTA) Corridor Elected Officials Committee 1. Mayor Pro Tem Thomson 2. Council Member Adams (Alt.) H. Orange County Vector Control District Board of Trustees 1. Mayor Pro Tem Thomson L. Santa Ana River Crossing (SARX) Study Policy Advisory Committee • 1. Council Member Debay 2. Council Member Adams (Alt.) III. M. Santa Ana River Flood Protection Agency 1. Council Member Debay 2. Council Member Glover N. San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors 1. Mayor O'Neil 2. Council Member Noyes (Alt.) O. SR731SR66/I -406 Freeways Confluence Policy Committee 1. Council Member Adams A. Environmental Quality Affairs Citizens Affairs Committee 1. Council Member Noyes 2. Council Member Adams • B. Harbor Quality Citizens Affairs Committee 1. Council Member Glover 2. Council Member Ridgeway Volume 52 - Page 270 INDEX • u City of Newport Beach City Council Minutes January 11, 1999 C. Youth Council 1. Council Member Ridgeway (Liaison) 2. Recreation Manager (Community Services Staff) 26. AUDIO/VOTING SYSTEM UPDATE. Receive and file. 27. NEWPORT BAY UPDATE. Receive and file report; and authorize Mayor O'Neil to sign support letter for SB 141 (Johnson) relating to the Upper Newport Bay annuity. 28. APPROVAL OF AN ADDITIONAL SERGEANTS POSITION FOR THE POLICE DEPARTMENT, ALONG WITH RELATED BUDGET AMENDMENTS FOR PERSONNEL COSTS, WHICH WILL BE FULLY FUNDED BY REIMBURSEMENT FROM THE ORANGE COUNTY AUTO THEFT TASK FORCE (OCATT). Approve. 29. UNSCHEDULED VACANCIES ON THE PLANNING COMMISSION. Confirm the nomination of Barry Eaton, Mark Hoglund, Larry Tucker and Hal Woods and schedule the two appointments for January 25, 1999. Motion by Mayor Pro Tern Thomson to approve the Consent Calendar, except for those items removed (9, 13, 14, 16, 17, 19, 20 & 22) and continued (3 & 4). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 99 -_ PERTAINING TO ACCEPTANCE OF THE NEWPORT VILLAGE PARCEL 3 IN PARCEL MAP 90-361 (RESUBDIVISION NO. 973) LOCATED ON THE SOUTHEAST CORNER OF AVOCADO AVENUE AND SAN MIGUEL DRIVE. Acting City Manager Danner requested that this item be continued to January 25, 1999. Regarding Items 3 and 4, City Attorney Burnham explained that the final text of the formal offers of dedication have not been finalized or the City has not received formal offers with signatures. He believed that those documents should be reviewed by Council and interested members of the public prior to the offers of dedication being accepted. Mayor O'Neil clarified that continuing Items 3 and 4 does not mean that the City does not intend to approve them, but that they must be continued for legal reasons. Council Member Ridgeway stated that he pulled Item 3 so that he could discuss a possible use as provided for in the CIOSA agreement, believing • that the Fashion Island area is a proper location for senior citizen affordable housing in lieu of open space. In response to Mayor O'Neil's question, Mr. Burnham confirmed that the City is not precluded from using the property for an affordable housing Volume 52 - Page 271 1409) Council Chambers (33) Newport Bay Update (51) Police Department Additional Sergeant Position - OCATT (66) Planning Commission (24) Resub 973/ Newport Village Resubdivision (84) • City of Newport Beach City Council Minutes January 11, 1999 project if the dedication of the area is accepted. He stated that the dedication will be subject to the provisions of the CIOSA agreement, which states that up to 4 of the open space parcels can be used for senior affordable housing subject to an agreement between the City and The Irvine Company, or their successor. Council Member Ridgeway requested to discuss this issue with Mr. Burnham privately and expressed the opinion that this is an appropriate project for a review. Motion by Mayor O'Neil to continue this item to January 25, 1999. Without objection, the motion carried by acclamation. 4. RESOLUTION NO. 99 -_ PERTAINING TO ACCEPTANCE OF THE BAYVIEW LANDING PARCEL A AND PARCEL B IN PARCEL MAP 95 -137 (RESUBDIVISION NO. 1041) LOCATED ON THE NORTHWEST CORNER OF EAST COAST HIGHWAY AND JAMBOREE ROAD. Acting City Manager Danner requested that this item be continued. Motion by Mayor O'Neil to continue this item to January 25, 1999. Without objection, the motion carried by acclamation. • 20. GENERAL PLAN UPDATE. Council Member Ridgeway expressed the opinion that the recommendation is inconsistent with the title and subject of the report. Planning Director Temple clarified that the report discusses the possibility of initiating a general plan update, noting that the general plan and the local coastal plan (LCP) are integrally related. In response to Council Member Ridgeway's question, Ms. Temple explained that there is grant funding for certification of LCPs and that grant applications will be solicited at the end of the month. She explained that the recommendation to allow staff to develop a grant application for Council consideration at the next meeting could help with funding some type of general plan review since there would be related changes to the LCP. Ms. Temple clarified that the State LCP funding probably will not fully fund a general plan update but could assist with associated LCP costs. Council Member Ridgeway found it curious that this item was on the same agenda as the traffic phasing ordinance (TPO), expressing the opinion that the TPO is premature and that a general plan amendment needs to be evaluated before the TPO. He stated that he was happy to see this on tonight's agenda. Motion by Council Member Ridgeway to receive and file report; direct staff to prepare a grant application for LCP Certification for consideration by • the City Council on January 25, 1999; and direct staff to explore conducting a complete general plan amendment. Council Member Glover stated that Governor Davis specifically spoke about LCPs and how he wanted to get them certified along the California coast. Volume 52 - Page 272 INDEX Resub 1041/ Bayview Landing Resubdivision (84) General Plan Update (68) • City of Newport Beach City Council Minutes January 11, 1999 She believed that the City should take advantage of funds he allocated for the certification. Without objection, the motion carried by acclamation. 9. ORDINANCE NO. 98 -27 PERTAINING TO THE FEEDING OF WILD BIRDS AND MARINE LIFE. Fire and Marine Chief Riley utilized a Power Point presentation to address water quality, particularly reasons for harbor and beach closures; the causes for the increased coliform count; and how the City and County have been dealing with improving water quality. He reported that the proposed ordinance came about because the State Fish and Game Department indicated that feeding wild birds habitually draws them to a particular area; unnaturally concentrates their numbers; and results in an artificial increase in their numbers due to an unnatural food supply. Chief Riley reported that all the cities along the coastline, except for Laguna Beach, have enacted similar ordinances. He emphasized that the focus of the ordinance is water quality and indicated that this ordinance is just one of a series of actions the City and County have implemented to ensure that all areas of the harbor are safe for water contact activities. Council Member Glover emphasized that a goal since 1997 has been to keep the beaches open. She reported that the coliform count needs to be lowered • in order to open the beaches and that the City has to show a concerted program that will continue to lower the count. She stated that, historically, the City has never had beaches closed for so long. Council Member Glover announced that a new State law will add a new measurement to the testing and that more stringent things will soon be needed to open the beaches. In response to Council questions, Assistant City Attorney Clauson confirmed that the ordinance prohibits feeding of wild animals in any public area. Council Member Debay pointed out that the ordinance was a citizen committee recommendation and did not originate from Council. Further, she noted that the Times had an article today about overpopulation of birds. Chief Riley stated that there is no other ordinance or program that deals with the control of wild bird population. Regarding penalties and enforcement, Chief Riley stated that the City would need to present a bail schedule to the Court after the ordinance is adopted and envisioned that the Police Department and the Code Enforcement Department will be enforcing the ordinance. City Attorney Burnham added that a proposed bail schedule will be presented to Council prior to the ordinance taking effect. Council Member Noyes suggested coming up with an actual plan for enforcement, noting that one of the biggest complaints he receives is that ordinances are not enforced. He believed that warning people at first, prior to citing them, may work better. Chief Riley stated that they hope to focus on the problem areas in which drastic reductions of coliform are measured. • Council Member Ridgeway expressed concern about the problems outdoor eateries play in the bird situation. Bob Jessen, 303 43rd Street, stated that he lives near Channel Place Park and that the problem with his area stems from rain damage. He stated that Volume 52 - Page 273 INDEX Ord 98 -27 Feeding Wild Animals (51) City of Newport Beach City Council Minutes January 11, 1999 • the continual placing of sand in that area just makes it wash into the bay and that this has stopped the circulation of water, causing an increase in the coliform count. He believed that, if the City dredged the area, the park would not be a problem area. Mr. Jessen added that the dogs on the sand create more problems than the few ducks in the area, noting the decrease in their numbers. He expressed the opinion that Council is the problem, not the ducks. Margaret Burk, Laguna Beach, believed that the bacteria is created by the grease from the many boats in the bay. She stated that people love feeding the birds and that she has never seen bird feces. She noted that she picks up dog feces on the beach in order to keep the beaches beautiful. George Grupe, P.O. Box 834, believed that this ordinance is being passed suddenly and agreed that some of the problems may be with the City, not the birds. He expressed the opinion that eliminating the birds, their droppings, and the small amount of coliform that they drop in the bay may be just a "drop in the bucket" Mr. Grupe believed that restaurants may still be polluting the bay; holding tanks on party boats often overflow; and live - aboards dump sewage directly into the bay. He asked about the County's financial responsibility. Jan Vandersloot, 2221 16th Street, believed that the reason there is pollution in the lower bay is because of insufficient tidal flushing to flush out the bay. • Mr. Vandersloot agreed that the basis to clean up the bay is good, but that he is unsure if feeding the birds is causing the pollution. He stated that the City may want to concentrate its energy in dredging and cleaning out the bay channel. He suggested having some type of measurement to tell whether this ordinance is producing results since this ordinance prohibits feeding of wild animals in all public places, not just the bay. He questioned what will happen to the birds when people stop feeding them and suggested phasing in the ordinance, if adopted, so that there is some compassion for the people who like to feed the birds. Barbi Tesch, 310 Grand Canal, stated that feeding ducks has been a family tradition for many years. She stated that she does not blame the ducks but the developers and other companies that have formed the silt that has filled the Back Bay and is now coming into the main bay. She added that the overpopulation of the boats in the harbor and the people who live on the boats is the problem. Ms. Tesch expressed the opinion that revenue will be lost if people are not allowed to feed the ducks. Carol Westling, 40 Balboa Coves, stated that the City needs to first prove that the wild animals are causing the pollution problem since the City is unsure of the cause. She noted that restaurants caused the problems in 1998 and reported that an area cannot be reopened until the source of the contamination has been found. Ms. Westling stated that the photos she provided show that the contamination of the bay and elimination of natural feeding habitats are due to the CalTrans Arches bay work. She provided • Council with two more articles: one indicates that El Nino caused the worst year for coastal quality in more than a decade and the second lists the Back Bay as one of the perks to living in Orange County since it is the "home to a third string migration season ". Ms. Westling suggested also looking at storm drain abuse by restaurants, construction sites, and neighborhoods; and at Volume 52 - Page 274 fIN11 1:1 • City of Newport Beach City Council Minutes January 11, 1999 INDEX people who illegally flush in the water. She be is man and his direct contamination of the bay. that the direct problem Tom Houston, 206 Ruby Avenue, member of Harbor Quality Citizens Advisory Committee, expressed support for the ordinance. In addition to Chief Riley's recap of what the City and County have been doing, he highlighted other City efforts that have assisted with water quality (i.e. street sweeping; changing nursery irrigation systems; banning endosulfants; developing a boom that stops floating debris; regulating boat maintenance; and the derelict boat ordinance). He expressed the opinion that there is so much water contact in the area that it makes sense to try to limit another source of pollution. Pat Beek, 528 South Bay Front, stated that she does not believe that the ordinance is meant to eliminate every bird in the City. She expressed support for the ordinance because the ducks and the birds do not need to be raised on human food. She believed that once man gets involved that it interferes with the natural food chain and people end up raising more of the animals. Ms. Beek suggested conducting some type of education program. She expressed concern that the ducks and birds will harm children since they are trained to assume that people have food. Virginia Herberts, 2290 Channel Road, expressed the opinion that it is the overpopulation of people, not birds, that is the problem. She expressed • opposition to the ordinance, stating that feeding the birds is an innocent pleasure. She suggested not adopting the ordinance until it has been proven that the birds are causing a significant problem to the water. She also believed that people are not using their holding tanks and that the City needs to put an effort forward to control the boats. Peter Tarr, P.O. Box 2231, president of the West Newport Beach Association, reported that his members are concerned about the pollution of the waterways in their area and are not happy when signs indicate their water is polluted. He stated that animal feces is a real problem and that this ordinance is one of a number of steps that is probably necessary to continue the progress of keeping the area a nice place to live. Council Member Glover requested and received more clarification from Ms. Clauson that the ordinance prohibits the feeding of wild animals in public areas, not private property, and that she was not aware of other areas in which animals are being fed except for water areas. Council Member Glover stated that the ordinance is incremental and that it has never been said that the animals are the main reason for the pollution. She added that other things will be looked at to improve water quality. Motion by Council Member Glover to adopt the ordinance. In response to Mr. Grupe's previous concerns, Chief Riley stated that, regarding water sheds, the City is involved in many County and regional • programs designed to improve the quality of the upper bay; is instrumental in participating with the State and Federal governments relative to the current dredging program; is actively involved in the Newport Bay Coordinating Council to look at runoff issues; and participates in many educational programs. Regarding live aboards, Chief Riley stated that the Volume 52 - Page 275 City of Newport Beach City Council Minutes January 11, 1999 INDEX • City ordinance identifies the conditions in which a person may obtain a live - aboard permit. Regarding enacting a dye tab program, he pointed out that the City has about 7,000 slips to monitor and that a program would be a huge undertaking. Chief Riley stated that the City has a revenue inspector that is predominantly assigned to commercial marine operations. Assistant City Manager Wood added that waterfront restaurants were sent letters advising them of the regulations and letting them know that the City would be looking for violations and conducting enforcement. Chief Riley added that high levels of coliform still exist even after restaurant runoff enforcement. Council Member Debay requested that someone look at the Channel Place Park area and determine if there is a way to spot dredge it. Chief Riley noted that the City is looking at conducting a City- sponsored depth study of the entire lower harbor to find out where there may be additional siltation and dredging problems and to come up with a comprehensive program. Council Member Noyes suggested amending the motion to bring this issue back in a year for an automatic review, noting that the bay is the City's most precious resource. He also agreed that the ordinance should be phased in if adopted. Council Member Ridgeway assured that testimony tonight will not be • discounted, agreeing that people are the problem. He also believed that the problem is where there is no tidal flushing. He agreed with bringing this issue back in a year. Mr. Burnham stated that the Regional Board is in the process of setting a "total maximum daily load" for coliform that will establish a limit on the amount of coliform allowed in the upper and lower bays at any one time. Further, the Regional Board will begin an implementation plan that will be contingent on the health/risk assessment that will be completed in June 2000. The City will then be in a position of adopting other, possibly more restrictive, ordinances over the next 18 months to deal with coliform levels. Mr. Burnham reported that the Regional Board and the Orange County Health Care Agency have identified birds as a source of coliform. Mr. Grupe questioned what percent of the problem is directly related to the feeding of birds. Council Member Adams stated that he will not be supporting the ordinance since there may be a lot of things in time that may help the situation, such as dredging, enforcement of restaurants, and the pending intensive study. He believed that this is not the time for this issue and suggested only posting signs warning people of the dangers of feeding the animals. He also expressed concern with enforcing this type of ordinance. Mayor Pro Tem Thomson believed that the City should try to cut down the amount of food that is being fed to the animals without disturbing the fun of feeding the birds. He stated that a real education program should be established. He suggested having bird feed available and expressed concern about passing a law that will not be enforced. Volume 52 - Page 276 City of Newport Beach City Council Minutes January 11, 1999 INDEX • Substitute motion by Mayor Pro Tem Thomson to not adopt the ordinance; and develop an education program. Council Member Debay believed that the proposed sign can be used as long as `violators will be cited" is removed and the signs are only posted at bay and harbor areas. In response to Council Member Ridgeway's concerns regarding derelict boats, Council Member Glover stated that the seal and sea lion issue will be brought back at a future date. Council Member Adams suggested referring this back to the Harbor Quality Citizens Advisory Committee since they have spent a lot of time on this issue. Council Member Glover stated that she will support Mayor Pro Tem Thomson's motion, but suggested taking this issue back to the Harbor Quality Citizens Advisory Committee for recommendations on an education program. Mayor Pro Tem Thomson agreed to amend his motion. Without objection, the amended motion carried by acclamation. 13. COMPLETION AND ACCEPTANCE OF 1998 -99 SLURRY SEAL C -3220 PROGRAM (C- 3220). 1998 -99 Slurry Seal • Council Member Adams commended staff, particularly the project Program administrator, for their handling of the project. He reported that the project (38) came in ahead of schedule and under budget. Motion by Council Member Adams to accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. Without objection, the motion carried by acclamation. 14. COMPLETION AND ACCEPTANCE OF CITY COUNCIL ADA C -3161 IMPROVEMENTS (C- 3161). City Council ADA Improvements Council Member Adams commended staff, particularly the project (38) administrator, for their handling of the project. He reported that the project came in on schedule and with no change orders. Motion by Council Member Adams to accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. Without objection, the motion carried by acclamation. • 16. UNDERGROUND UTILITIES IN NEWPORT SHORES IN WEST BA -033 NEWPORT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT Underground NO. 68). Assessment District 68/ Volume 52 - Page 277 • City of Newport Beach City Council Minutes January 11, 1999 Steve Stafford expressed the opinion that this item should have been discussed in a public hearing. He noted the disturbance the pump station project across the street has caused the neighborhood and believed that this project will cause the same problems. Public Works Webb agreed that the Arches interchange project and the pump station project are in confined areas. He added that, in conjunction with those two projects, there is an underground district in which the City is installing lines under the alley. He reported that Mr. Stafford has expressed his concerns with staff several times and that some of the changes suggested by him and staff will adequately handle the problem. Mr. Webb believed that there is no significant concerns and assured that this project will not emulate the pump station project. Mr. Stafford believed that the pump station project will not meet its deadline and that this project should be put on hold until the pump station project is in place. Motion by Council Member Rideewav to authorize a budget amendment (BA -033) to appropriate $120,500 in the Assessment District Capital Project fund to proposed Assessment District No. 68, Account No. 7401- C5200474; and authorize the City Manager to execute a Professional Services Agreement with Willdan Associates in an amount not to exceed $26,500 for assessment engineering services. Without objection, the motion carried by acclamation. 17. GRAND CANAL DREDGING, EELGRASS TRANSPLANT, AND ROCK BUTTRESSES (C- 3154). Council Member Noyes stated that the City has been working on the project for the past three years. He reported that, out of the 20 bids that were sent out, the City received only one bid which was $80,000 over staff estimate. He expressed concern with postponing the project since there is no guarantee that the bid will cost less in a year; there is a possibility that the City could receive no bids for this project in the future; environmental rules may change; and the bulkheads could sustain damage. Council Member Noyes pointed out that dredge operators only want the big jobs nowadays and that this project is very small. He noted that this may not have to be done for another ten years if it is done now. He also expressed concern with the property values on the Grand Canal. Council Member Noyes reported that the Grand Canal residents pay the same fees as the rest of Balboa Island even though there are as many docks on the Grand Canal as the rest of the Island. He emphasized that these fees are for maintaining the area. Motion by Council Member Noyes to award the contract in the amount of $212,975 to the sole bidder, AIS Enterprises. In response to Mayor Pro Tem Thomson's questions, Council Member Noyes • stated that the bid cannot be changed without going out to bid again. Further, if the eelgrass is not moved by February 28, the City cannot do the project until next year. Mr. Webb added that the bid usually expires 30 days after it is received. However, the issue is that they need to start so that they can complete the work prior to April 1. City Manager Danner Volume 52 - Page 278 INDEX Newport Shores (40/89) C -3154 BA -036 Grand Canal (38) • • City of Newport Beach City Council Minutes January 11, 1999 clarified that the additional funds, including contingency funds, will need to be taken out of the general fund reserve if approved. Mr. Webb recommended that, if Council wants to approve this project, the motion be amended to approve the plans and specifications; award the contract in the amount of $212,975 to the sole bidder, AIS Enterprises; and approve a budget amendment (BA -036) to appropriate $100,000 from the General Fund. Council Member Noyes concurred to amend the motion as recommended. Steve Bromberg, president of Little Balboa Island Property Owners Association, requested that this project be moved forward as the canal issue has been discussed for over three years. He stated that the eelgrass has been getting thicker and concurred that the project may not be cheaper next year. Mr. Bromberg expressed concern that only one company bid on this project and that there may not be anyone available the next time this goes out to bid. He stated that he participated in the extensive negotiations that the City conducted with the State and Federal governments regarding the permit process and hoped he would not need to do that again. He believed now is the time to do the project as it is not going to get better. Nancy Raney, 301 Grand Canal, concurred with Council Member Noyes and reported that she was in a boat last year that ran aground because of the deplorable conditions of the Grand Canal. Pamela Murray presented Council with pictures of the Grand Canal and loaned them a book with pictures of how the area once was and hopefully will be again. She stated that some of the bidders did inform the City that the project was too small, expressing the opinion that the City is not sure if this bid was too high since they had nothing to use for comparison purposes. Douglass Juengst, 313 Grand Canal, wanted assurance that the City will not bring in some type of bulldozer if the dredge breaks down. He emphasized that the Grand Canal has to be dredged and not bucketted out. Mark Sites, P.O. Box 498, stated that his company looked at the project but did not bid on it because the project was not strictly a dredging project since it involved trucking in 2,500 yards of sand and transplanting eelgrass. He suggested using a hydraulic dredge as it will do a much better job since it breaks up materials. Without objection, the amended motion carried by acclamation. 19. BUDGET AMENDMENT (BA -032) TO FUND OVERTIME SHORTFALL RELATED TO INCREASED BUILDING ACTIVITY ($25,000); AND INCREASED COSTS FOR ADVERTISING AND PUBLIC RELATIONS ($2,500). • Mayor Pro Tem Thomson expressed concern, stating that the City has been contracting people or utilizing overtime to conduct plan checks. He stated that he has received numerous calls about the contracted planners because they do not know Newport standards. He hoped that a universal system will be implemented to possibly cross -train the individuals in different Volume 52 - Page 279 W117�:1 BA -032 Planning Dept. Overtime/ Advertising Costs (40/68) • City of Newport Beach City Council Minutes January 11, 1999 departments. Mayor Pro Tem Thomson noted that he was not people if the work gets done efficiently. Assistant City Manager Wood reported that the Building Department has used its in -house staff on an overtime basis. However, it has been so busy that using in -house staff was not enough to keep up a reasonable turnaround. She stated that they have received complaints from mostly residential builders that the contracted plan checkers have not been as easy to work with as in -house staff. Although Ms. Wood agreed that bringing on an additional person may be a way to help that situation, she noted that this practice has not been the way the City has historically dealt with the peaks. Council Member Adams expressed the opinion that this issue is something that the new city manager would appropriately address. Motion by Council Member Glover to approve the budget amendment (BA -032) in the total amount of $27,500. Without objection, the motion carried by acclamation. 22. BISON /JAMBOREE STATUS REPORT AND SETTING OF SPECIAL MEETING. Council Member Adams stated that it was brought to his attention by Barry • Eaton that there may be a relatively large turnout for the February 16 special meeting. He suggested using another location for the meeting rather than the Council Chambers. Council directed staff to look into a possible alternate site, such as Corona del Mar High School, to hold the meeting. Discussion ensued relative to possibly limiting the length of the meeting and setting rules relative to repeating topics. In response to Council Member Adams' question, Mayor O'Neil stated that he hopes Council intends to make a decision on the issue. Motion by Council Member Adams to set the date of February 16, 1999, for a special meeting of the City Council to discuss the traffic patterns at the intersection of Jamboree Road and Bison Avenue (location to be determined). Without objection, the motion carried by acclamation. PUBLIC COMMENTS • Paul Glowienke, 427 Hazel Drive, requested that Council place a restricted parking ordinance for the 400 block of Hazel Drive on a future agenda. He stated that businesses adjacent to Hazel Drive and Pacific Coast Highway produce habitual parkers in front of his and his neighbors' houses. He expressed additional concern that there may be a large influx of cars in the area with the opening of the Crystal Cove Retirement Home. He requested a 7 a.m. to 7 p.m., • 2 -hour parking restriction, adding that the residents would be happy to purchase a parking permit as part of the restriction. • Jean Impey, 416 Hazel Drive, stated that oftentimes people cannot parkin front of their own homes on Hazel Drive. She asked Council to consider the permit Volume 52 - Page 280 INDEX Bison/Jamboree Intersection (85) City of Newport Beach City Council Minutes January 11, 1999 parking request and stated that the residents of the 400 block of Hazel Drive are behind it 100 percent. She also presented Council with a petition. • Ernest Bastion, 1215 Surfline Way, referenced Item 3, stating that he was told when he bought his property that the area was dedicated as an open space park. He urged Council to accept the dedication and to adopt a timetable to convert this property into a senior citizen affordable housing facility. • Jim Warren, 1201 Surfline Way, referenced Item 3 and recapped the history of the property. He requested to speak to the new Council Members about this. CONTINUED BUSINESS 80. CITY ARTS COMMISSION REQUEST TO REVIEW BALBOA PENINSULA SIGN PROGRAM. Motion by Council Member Rid eway to direct staff to return the sign program directly to the City Council. Council Member Adams stated that he would support referring the sign program to the City Arts Commission. He clarified that he is not suggesting that all the signs in the City be exactly the same, but is suggesting that the City have a more cohesive program that possibly has a family of signs. • Council Member Glover supported the motion. She stated that, over the past years, Council has not received respect over their particular districts and that she was going to bring this up at the Council retreat. She indicated that the City Arts Commission does have a role in the City as a whole, but pointed out that Council Member Ridgeway has a view and vision of what he wants in his district. She emphasized that no one will love their district more than the person representing that district. Council Member Debay supported the motion. Referencing the Charter relating to the City Arts Commission, she stated that she welcomes their input but concurred that Council is ultimately the one that makes decisions. Lyn Belasco, City Arts Commissioner, stated that they wish to be a part of the design and implementation process, and that they realize the importance of having the signs as part of the revitalization of that area. She reported that the City Arts Commission will be meeting on Thursday and would like Council approval to contribute to the attractiveness and aesthetic consistency of the signs. Council Member Ridgeway stated that Council can take the Arts Commission's advise as a consult at the January 25 meeting since the Commission's next meeting is Thursday. Council Member Adams took issue, expressing the opinion that since Council is willing to have the City Arts Commission take a look at it at its next meeting, then Council should refer it to them as long as they get back to Council prior to the January 25 meeting. • Council Member Noyes noted that the committees are a resource for Council and that it is appropriate to get the various committees' comments. Council Member Ridgeway emphasized the need for signs on the peninsula, stating that the sign plan is well conceived and, if executed correctly, will Volume 52 - Page 281 INDEX Balboa Peninsula Sign Program (68) City of Newport Beach City Council Minutes January 11, 1999 • provide tourists and commercial businesses adequate information. • • Following discussion, the motion carried by the following roll call vote: Ayes: Glover, Thomson, Debay; Ridgeway, Mayor O'Neil Noes: Adams, Noyes Absent: None Abstain: None 31. TRAFFIC PHASING ORDINANCE REVISIONS. City Attorney Burnham stated that this item relates to the proposed amendments to the TPO that were reviewed by the working group and the technical advisory committee. He noted that, during the redrafting of the ordinance, other changes were proposed to strengthen the procedures used to analyze project traffic impacts; to make the ordinance and administrative guidelines consistent; and to incorporate guidelines for developing traffic studies. Mr. Burnham reported that the legal problems that the amendments are designed to address relate to the need for project conditions to be roughly proportional to the project's impact and explained the reason for having the concept of the exempt intersection. Mayor O'Neil stated that, if action was taken tonight, it merely refers the draft to the various commissions/committees, Council, and public. In response to Council Member Noyes' question, Mayor O'Neil indicated that Council is not taking any official action on the ordinance but just taking this out for further review. Motion by Council Member Noyes to initiate amendments to the TPO consistent with the attachments to the staff report and the following public review /public hearing process: a) Presentation to EQAC on January 18, 1999, b) Presentation to EDC on January 27, 1999, c) Public hearing at the Planning Commission on February 18, 1999, and d) Public hearing at the City Council on March 8, 1999. Council Member Glover emphasized that this is an.initiation to get this out to the community and does not mean that she supports the TPO. She expressed her appreciation to staff for providing all the information that she mentioned was not provided at the previous study session. Council Member Adams reported that staff will be making a presentation at the Newport Harbor Chamber of Commerce meeting tomorrow morning. In response to Council Member Ridgeway's questions regarding' exempt intersections, Mr. Burnham stated that the substantive procedural due process rights of any property owner are not violated if the City is not giving an individual an exempt intersection. He clarified that an exempt intersection is designated by Council, is one that Council does not want to approve in the near term, and is not with regard. to any specific project. Additionally, the benefits or detriments of an exempt intersection would apply across- the -board to all projects. Mr. Burnham explained that the problem Laguna Beach had was that they did not have an escape clause for Volume 52 - Page 282 IQ113 W1 Traffic Phasing Ordinance (26) City of Newport Beach City Council Minutes January 11, 1999 • implementing their own general plan, clarifying that Laguna Beach's streets did not comply with their general plan; the court found that they had an obligation to improve the streets; and that they were ultimately financially responsible for making those improvements. Laguna Beach made the improvements and settled the litigation by giving the property owners building permits that authorized them to build :larger houses than they would have been permitted under previous zoning ordinances. He emphasized that Laguna Beach was taken to task for not issuing building permits because there was no compliance with their general plan. Council Member Debay requested that the reporters in the audience get a list of the meeting dates and locations. At Council Member Debay's request, Assistant City Manager Wood stated that the information can also be placed on cable television. Allan Beek, 2007 Highland, stated that SPON will be presenting detailed criticisms and suggestions at the meetings. He expressed the opinion that SPON is disappointed in the results as they believe that only very small, cosmetic suggestions were taken. Paul Gerst, 2028 Vista Cajon, expressed the opinion that the City may be avoiding violating the rights of a handful of commercial developers, but that the City may be violating the rights of the health, safety, and welfare of several thousand homeowners. He stated that one of the objectives of the • Community Association Alliance is to preserve the TPO in essentially its present form, with the exception of protecting it from litigation in the event of a law suit. Mr. Gerst believed that this is essentially the repeal of the TPO and that, without a full EIR, it may not be a sustainable action. He expressed the opinion that 6 to 20 unlimited intersections will result and that the increase in vehicular emissions will probably make the City the new smog capitol of Orange County. Philip Arst, 2601 Lighthouse Lane, believed that the proposed TPO amendment was created on a piece meal basis, based on obsolete data. He suggested conducting a comprehensive general plan revision to optimize all of its elements, based on up to date data. He indicated that the TPO is obsolete because it does not take into account multiple office projects. He believed that there is poor planning to pass a traffic plan authorizing high levels of traffic without conducting a general plan and augmented circulation element study. He emphasized that the residents have property rights to live in a pollution -free, high quality environment provided by the present TPO. Mr. Arst expressed the opinion that the exempt intersection category should be removed and stated that the current TPO has a severability clause that enables it to remain in force even if it is challenged. He believed that the current TPO should remain with a possible revised funding clause. He stated he is not against growth, but not at the expense of all the traffic congestion. Further, if there was a new plan with possible overpasses in the airport area, a balance can be created between growth and residential quality of life. • Mayor O'Neil explained that this is a proposal and that it would not be out of the question that, when this returns to Council, many of the concerns and suggestions would actually be written into the ordinance. He added that this was the best attempt to try to comply with what is believed the law requires, Volume 52 - Page 283 INDEX • City of Newport Beach City Council Minutes January 11, 1999 realizing that the City does not have unanimity amongst the committee. Council Member Glover stated that certain types of growth increases traffic. She believed that the citizens of Newport Beach are at a place where they need to make a decision because there are certain types of growth that do nothing to increase the revenue but only puts traffic on the street. Additionally, the City needs to conduct studies. Council Member Ridgeway believed that Council Member Glover made an eloquent argument for proceeding with a general plan amendment, particularly the land use element. Jan Vandersloot expressed the opinion that the City really needs a general plan review since the last one was conducted in 1988. He believed that the City needs to analyze the density, intensity, and traffic generation characteristics of all the development in the City; and also needs to determine what it wants to do in the future. He believed that having exempt intersections would require that the City limit the density and intensity of the businesses around the intersections. Without objection, the motion carried by acclamation. CURRENT BUSINESS • 32. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE -YEAR TERM ENDING DECEMBER 31, 1999 (appointed by Council upon recommendation of each Council Member). Confirmed the following nominations: Environmental Quality Affairs Citizens Affairs Committee (District 1) Council Member Ridgeway's appointment of Don Gregory, Martin Weinberg and Tom Hyans (at -large member). (District 2) Council Member Debay's appointment of Kelly Sylvester, Pete Tarr and Marge Pantzar (at -large member). (District 3) Council Member Glover's appointment of Gale Demmer, Sue Hogan and Virginia Herberts (at -large member). (District 4) Council Member Adams' appointment of and (at -large member). (District 5) Council Member Noyes' appointment Jean Watt, Jack Callahan and Brent Jacobsen (at -large member). (District 6) Mayor O'Neil's appointment of and • (at -large member). (District 7) Mayor Pro Tem Thomson's appointment of and (at -large member). Volume 52 - Page 284 INDEX Citizens Advisory Committee Appointments (24) • • City of Newport Beach City Council Minutes January 11, 1999 Chairman Economic Development Committee Chairman - Planning Commissioner Edward Selich. All other appointments will be made on January 25, 1999. Harbor Quality Citizens Affairs Committee (District 1) Council Member Ridgeway's appointment of Jack Jakosky. (District 2) Council Member Debay's appointment of (District 3) Council Member Glover's appointment of George Drayton. (District 4) Council Member Adams' appointment of (District 5) Council Member Noyes' appointment of Tom Houston. (District 6) Mayor O'Neil's appointment of (District 7) Mayor Pro Tem Thomson's appointment of Chairman (to be appointed by Mayor). Vice Chairman (to be appointed by Mayor). All other appointments will be made on January 25; 1999. MOTION FOR RECONSIDERATION - Discussion ensued relative to adopting an emergency ordinance relative to the removal of trees on City property. No formal action was taken. ADJOURNMENT - in memory of Gerard "Jerry" Wooters and Fredrick W. Rohe at 10:05 p.m. to a Closed Session at 8:00 a.m. on Friday, January 15, 1999 (City Manager Recruitment). The agenda for the Regular Meeting was posted on January 6, 1999, at 5:80 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk RecoXF7 Mayor 52 - Page 285 IiN�7x7