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HomeMy WebLinkAbout04/25/2000 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 25, 2000 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m [Refer to separate minutes] CLOSED SESSION - 6:30 p.m. CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:20 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Pastor Bruce Bender, Calvary Chapel of Costa Mesa. • Presentation by Newport Beach Conference and Visitors Bureau concerning revenue generated by visitor industry. Rosalind Williams, President of the Newport Beach Conference and Visitors Bureau (CVB), stated that tourism revenue generated during the 1998/1999 fiscal year totaled $21,202,168. She stated that the money was an increase over the prior year and represents 100% of the transient occupancy tax, 100% of the harbor marine tax, 78% of the parking fees and fines and 50% of the sales tax. She stated that the CVB has many partners in the community and is proud to make such a contribution to the City's general fund. Ms. Williams acknowledged CVB staff members, present in the audience. Mehdi Eftekari, CVB Board of Directors Chairman and General Manager of the Four Seasons Hotel, acknowledged the efforts of the CVB and thanked the City Council for their support. Mr. Eftekari and Ms. Williams presented the facsimile check to the City. Mayor Noyes noted that the total is about $5 million more than the City receives from property tax. Presentation of Tree City USA Awards by Thom Porter, Community and Urban Forester, Department of Forestry, State of California. Thom Porter, California Department of Forestry (CDF), stated that the City supports its residents and visitors by having a community forestry program that • gives back to the community by planting and maintaining trees. Mr. Porter added that sometimes this involves the removal of trees that may be causing damage. He stated that the City does a superior job and is, therefore, receiving two awards. He Volume 53 - Page 309 u • C City of Newport Beach City Council Minutes April 25, 2000 stated that the City has about 30,000 trees with plans for more trees in the future. Mr. Porter presented the Growth Award for superior tree care and urban forestry, and the Ten -Year Award indicating that the City has been a Tree City for ten years. Mayor Noyes and Marcy Lomeli, Park & Tree Superintendent, accepted the awards on behalf of the City. Film Festival Presentation. Gregg Schwenk, Newport Beach Film Festival, thanked the City Council for the City's financial and philosophical support of this year's film festival. He also thanked Lucy & Leigh Steinberg and Rosalind Williams. Mr. Schwenk read from a list of 2000 Film Festival highlights. He said the number of short films puts the Newport Beach festival up with the top venues and the number of feature films picked up for distribution moves the Newport Beach festival from just a destination festival to a market, as well. Mr. Schwenk thanked the sponsors of the event, and singled out the Marriott Hotel & Tennis Club as being a true partner. He concluded by stating that plans are already underway for next year's event. Mayor Noyes thanked Mr. Schwenk for his efforts and time in pulling the entire event together, and also noted the Economic Development Committee for their support. Mr. Schwenk added his appreciation for the efforts of the Planning Department staff, particularly Senior Planner Christy Teague. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Ridgeway announced that the Newport Beach Police Department participated in the Baker to Vegas 120 -mile twenty -man team race a few weeks prior. He stated that there were 195 teams that competed and that Newport Beach placed third, which was also the best in the County. Council Member Ridgeway stated that the City has been busy planting trees, including a reforestation project on Balboa Peninsula with approximately 125 queen palms planted. • Council Member Debay referred to the minutes of the Parks, Beaches & Recreation Commission in item #16 of the current agenda, addressing West Newport Park. She stated that a low block wall with lexan glass panels highlights the area. She added that there was quite a battle to put the glass in instead of having a solid block wall, and showed a process that resulted in unobstructed views of the ocean. Council Member Debay stated that the glass has since clouded and needs to be replaced. She stated her support for replacing the panels as a part of the upcoming budget. Mayor Pro Tern Adams congratulated the 22 graduates of the fifth class of the Newport Beach Citizens Police Academy. • Council Member Thomson reported that the Edison Company has cut the upper ten feet of the power poles on San Joaquin Hills Road up to Newport Coast. He said a committee is working to underground the utilities in the area. Volume 53 - Page 310 INDEX Film Festival (68) City of Newport Beach City Council Minutes April 25, 2000 INDEX • CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 11, 2000. 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. RESOLUTION FOR ADOPTION 3. ONE -HOUR PARKING RESTRICTION ON WEST COAST HIGHWAY. Res 2000 -32 Adopt Resolution No. 2000 -32 establishing a one -hour parking restriction in 1 -Hr. Parking front of 1100 West Coast Highway. (85) CONTRACTS AND AGREEMENTS 4. Item removed from the Consent Calendar by Council Member Glover. 5. AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION C -3342 AUTHORITY (OCTA) FOR TRAVELTIP PROGRAM. Authorize the OCTA/ • Public Works Director to sign an agreement with the Orange County TravelTip Transportation Authority (OCTA) to formalize the installation of TravelTip Program equipment and define the City's role in the TravelTip Program. (38) 6. SEWER AND STORM DRAIN LINING PROJECT (C -3271) - C -3271 COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the Sewer & Storm City Clerk to file a Notice of Completion; 3) authorize the City Clerk to Drain Lining release the Labor and Materials bond 35 days after the Notice of Completion (38) has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance bond 1 year after Council acceptance. 7. NEWPORT HEIGHTS STREET LIGHTING (C -3258) - COMPLETION C -3258 AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to Newport file a Notice of Completion; 3) authorize the City Clerk to release the Labor Heights and Materials bond 35 days after the Notice of Completion has been recorded Street Lighting in accordance with applicable portions of the Civil Code; and 4) release the (38) Faithful Performance bond 1 year after Council acceptance. S. Item removed from the Consent Calendar by a member of the audience. 9. NEWPORT DUNES RESORT ENVIRONMENTAL IMPACT REPORT. C -3235 Approve amendment to the professional service agreement with LSA Newport Dunes • Associates, Inc. Resort EIR (38) 10. BALBOA PIER CONCESSION - RUBY'S DINER. Authorize Mayor C -2326 Volume 53 - Page 311 City of Newport Beach City Council Minutes April 25, 2000 INDEX • Noyes to execute the Balboa Pier Concession Agreement with Ruby's Diner, Ruby's Diner Inc. on behalf of the City. (38) Council Member O'Neil abstained from voting on this item. 11. STUDY THE FEASIBILITY OF WITHDRAWAL FROM METRO C -3341 CITIES FIRE AUTHORITY AND MERGING THE POLICE Metro Cities DEPARTMENT AND THE FIRE AND MARINE DEPARTMENT Fire Authority/ EMERGENCY DISPATCH, TECHNOLOGY AND INFORMATION Emergency SUPPORT SYSTEMS (C- 3341). 1) Authorize the City Manager to Dispatch, negotiate final scope of work and final contract price with Emmack Cronan Technology and Group, Inc. to perform a study regarding the withdrawal from the Metro Management Cities Fire Authority and the merging of the Police Department and Fire and Information Marine Department Emergency Dispatch, Technology and Management Support Systems Information Support Systems; and 2) award a contract (C -3341) to Emmack (38) Cronan Group, Inc. of Reno, Nevada for a price not to exceed $75,000 and authorize the Mayor and the City Clerk to execute the contract. MISCELLANEOUS ACTIONS 12. PLANNING COMMISSION AGENDAS FOR APRIL 13 AND APRIL 20, Planning 2000. Receive and file. (68) 13. REVISION TO OUR HAZARDOUS MATERIALS EMERGENCY C -3343 • RESPONSE SYSTEM. Discontinue the Newport Beach type II hazardous material team operations; contract with the Orange County Hazardous Hazardous Materials Materials Emergency Response Authority (OCHMERA) for type I hazardous Emergency material team response; and maintain three (3) certified hazardous Response materials specialists at the captain rank and one in the fire prevention (38) division to provide expertise on hazardous material incidents and issues and assist with the hazardous materials disclosure program. 14. BUDGET AMENDMENT IN THE AMOUNT OF $2,500 TO INCREASE BA -057 REVENUE ESTIMATES TO REFLECT THE DONATION RECEIVED Youth Track & FROM THE NEWPORT BALBOA ROTARY CLUB FOUNDATION TO Field Meet SUPPLEMENT THE YOUTH TRACK AND FIELD MEET AND TO (40/62) INCREASE EXPENDITURE APPROPRIATIONS. Approve BA -057. 15. EXTENSION OF TIME FOR BALBOA THEATER BUILDING PERMIT C-3248/Balboa APPLICATION. Approve extension to May 15, 2000. Theater (38) 16. Item removed from the Consent Calendar by Mayor Pro Tern Adams. 17. Item removed from the Consent Calendar by Council Member Debay. S23. Item removed from the Consent Calendar by City Manager Bludau. S24. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING WITH C- 2051/C -2059/ NEWPORT BEACH CITY EMPLOYEES ASSOCIATION, EMPLOYEES C -2065 • LEAGUE, AND PROFESSIONAL AND TECHNICAL EMPLOYEES City Employees ASSOCIATION REGARDING EMPLOYEE BENEFIT PLAN Assoc./Employees Volume 53 - Page 312 • • • City of Newport Beach City Council Minutes April 25, 2000 CHANGES. Approve Supplemental Memorandum of Understanding (MOUs) with the Newport Beach City Employees Association, Employees League, and Professional and Technical Employees Association. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for those items removed (4, 8, 16, 17 and S23) and noting the abstention on Item #10 by Council Member O'Neil. The motion carried by the following roll call vote Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 4. BALBOA BAY CLUB REDEVELOPMENT ADDENDUM TO LEASE (contd. from 4/11/00). City Attorney Burnham stated that in July of 1999, the City Council approved minor amendments to the proposed redevelopment plan for the Balboa Bay Club, and that these changes required an amendment to the coastal development permit that was issued in 1996. He stated that the Coastal Commission has suggested that there needs to be confirmation through a lease addendum, that public access is confirmed and obligations for water quality, if not performed by the Bay Club, would be handled by the City. He concluded by stating that the proposed lease amendment is designed to satisfy the conditions that the City expects the Coastal Commission will impose on the modifications to the coastal development permit. Council Member Glover read the recommended action, as stated in the staff report. She confirmed with City Attorney Burnham that the action only applies to the Coastal Commission permit. Additionally, she asked what the City Attorney would consider as "substantive" changes. City Attorney Burnham responded that such changes would include anything that changes the size of the project or increases any of the obligations of the City, beyond what is specified in the addendum to the lease. Council Member Glover stated that everything that happens at the Balboa Bay Club, since it sits on public property, needs to come before the public and should be voted on by the City Council. City Attorney Burnham added that changes to view corridors, public walkways or size of facilities would also be considered substantive. He explained that the reason for the recommended action was to avoid returning to the City Council if the changes were only minor. Council Member Glover expressed her concern for leaving the public out, and asked what scenario the City Attorney was considering. City Attorney Burnham stated that he was assuming the Coastal Commission might request minor changes that don't relate to size or public access, but he understands Council Member Glover's concern and would be happy to bring the addendum back for public input and review. Volume 53 - Page 313 ►171 League/Prof. & Tech. Employees Association (38) C -519 Balboa Bay Club Lease (38) City of Newport Beach City Council Minutes April 25, 2000 • Motion by Council Member O'Neil to authorize the Mayor to execute the proposed Addendum to Lease or a modified Addendum so long as the modifications are not substantive. The motion carried by the following roll call vote: Ayes: Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: Glover Abstain: Thomson Absent: None 8. DAHLIA AVENUE STREET ENDS - FERNLEAF AVENUE SLOPE REPAIR (C -3157) -AWARD OF CONTRACT. Public Works Director Webb stated that the contract low bidder is Metro Builders & Engineers Group, Ltd. and staff is recommending that the contract be awarded to that contractor. Council Member Debay confirmed that the house that was hanging over the edge of the area was removed. Dan Purcell, 3 Canyon Lane, stated his support for the contract since he has felt that the slope could give way at any time. He thanked the City for their cooperation in working with the residents on the wall. is Mayor Noyes pointed out the drawings on display at the meeting. He said he expects it to be a good project. Council Member Debay suggested to Mr. Purcell that the residents might want to consider undergrounding the utilities in the area. Motion by Council Member O'Neil to approve the plans and specifications; award contract (C -3157) to Metro Builders & Engineers Group, Ltd. for the total bid price of $457,612 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $45,000 to cover the cost of unforeseen work; establish an amount of $20,500 to cover the cost of construction services; authorize a budget amendment (BA -056) transferring $119,851.26 from Miscellaneous Slope Repairs Account No. 7014- C5100508 into Account No 7013- C5100023; and authorize a budget amendment (BA -056) transferring $6,727.70 from the NPDES Program Account No. 7012- C5100011 into Account No. 7013- C5100023. Council Member O'Neil added that the project is long overdue and he is pleased that everything is in place to begin the work. He said it has been a long and complicated process. Public Works Director Webb stated that the project will take three to five months to complete, with work beginning in about one month. Council Member Debay confirmed that one lane would be closed at times. • The motion carried by the following roll call vote: Volume 53 - Page 314 INDEX C -3157 BA -056 Dahlia Avenue Street Ends - Fernleaf Avenue Slope Repair (38/40) City of Newport Beach City Council Minutes April 25, 2000 is Ayes: Adams, Debay, Glover, Thomson, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 16. CITY STREET TREE DESIGNATION LIST. Council Member Debay referred to the Parks, Beaches & Recreation (PB &R) Commission minutes included in the staff report and confirmed with Public Works Director Webb that CalTrans is not responsible for Seashore Drive. General Services Director Niederhaus stated that the staff report includes answers to questions that he has received from members of the City Council. He explained that the street tree designation list is maintained by Council Policy G -6, reviewed annually and processed for change by the PB &R Commission. He stated that the current list has so many revisions because the list wasn't ever completed and new information has been received about trees that are unsuitable for parkways or have environmental problems. He added that the list is an effort by staff and the PB &R Commission to rejuvenate or improve the tree population throughout the City. He indicated that there has been some concern that the number of revisions would cause a significant change in the City's treescape. He said that this shouldn't be a problem since, of the City's 30,000 trees, less than 200 trees would probably be removed per year. • Council Member Glover suggested that General Services Director Niederhaus and Building Director Elbettar should work together on new homes being built in the City and insure that the tree policy is being followed. General Services Director Niederhaus confirmed that the City is responsible for planting street trees. Council Member Glover suggested that a future study session should address this specific requirement of the tree policy. City Manager Bludau confirmed that Council Member Glover was referring to trees on City property being removed by private homeowners. Dr. Jan Vandersloot, 2221 East 16th Street, SPON (Stop Polluting Our Newport) Tree Committee, stated that he has been involved with the revisions to the street tree designation list since the process began. He referred to his letter of April 25, 2000, and stated the list will dramatically change the streetscape in the City because changes are being made to 437 streets, or 85% of the streets in the City. He added that the new trees being proposed are smaller than the trees that would be removed. Dr. Vandersloot discussed the most common trees being added to the list, as referred to in his letter, and the problems with each for Newport Beach. He suggested that the City Council not accept and file the report. He suggested that the City Council, instead, authorize staff and the PB &R Commission to analyze tree replacements individually and make a decision for each street as the need arises. • Council Member Glover stated her concern for the number of trees being cut down in the City, but did state her support for slow growing trees since they Volume 53 - Page 315 INDEX Tree Designation (62) City of Newport Beach City Council Minutes April 25, 2000 INDEX • will last longer and require less maintenance. She referred to the look of the trees in South County, but stated that it was partly due to the undergrounding of their utilities. Dr. Vandersloot stated that he did not have an issue with the slow growth of a tree, but more with its final size. Council Member Glover pointed out that fast growing trees do not have the lasting power of slower growing trees. Dr. Vandersloot stated that many of the new trees being added to the list will require more maintenance because they are exotic and more delicate. He cited the Hong Kong Orchid as an example. He concluded by stating that the smaller trees selected will reduce the overall tree canopy in the City. Council Member Debay referred to the last paragraph of the staff report that outlines how a street tree designation can be changed and stated that there is the opportunity for residents to submit petitions. Mayor Noyes asked for a clarification of the appeal process. General Services Director Niederhaus stated that, to date, the PB &R Commission has approved every street tree petition submitted when at least 60% of the people on the street have signed it. He noted that this appeal process makes the list an ideal list since it is easy to change. He further explained that the street tree designation can be changed for the entire length of a street or for parts of a street between main streets, or other such boundaries. Lastly, he responded to a statement made earlier by • Dr. Vandersloot about there being 88 reforestation requests. General Services Director Niederhaus explained that reforestation requests were accumulated during the revision of Council Policy G -1. Once the revision process was completed, the requesters were notified and only 35 were still interested in having their requests processed. He added that of the ten up for review at the following week's PB &R Commission meeting, staff was only recommending the approval of two of the requests. Alden Kelley, a Fullerton resident, stated that he is a consulting arborist hired by SPON to work with the City and individuals in regard to some of the tree problems in the City. He said that a tree problem he sees on the horizon is with the proposed street tree designation list. He said a large proportion of the proposed replacement trees are considered to be tree shrubs. He said that training them to become single- stemmed trees with extensive maintenance can be done, but they would most likely end up as large shrubs. Mr. Kelley also noted that the Ten -Year Award received earlier in the evening was based on programs that preceded the recently adopted Council Policy G -1. He continued by stating that some of the trees on the proposed street tree designation list are inappropriate for the climate zone in Newport Beach, or are too small. He added that no specifications were included with the list, and concluded by stating that the list needs to be redone. Pat Beek, Chair of the PB &R Commission, clarified that the Commission only intended to create a manual. She stated that many streets did not have • a tree designation prior to the proposed list. Ms. Beek added that the list was created through public input and nothing stops changes from being made in the future. She clarified that the list only applies to tree Volume 53 - Page 316 City of Newport Beach City Council Minutes April 25, 2000 INDEX • replacements, and that many streets may never see a change. Mayor Pro Tem Adams asked for staffs response to some of the arguments raised by Mr. Kelley, and the reason for the selection of various trees. City Manager Bludau stated that the item is on the agenda as an informational report only and, therefore, action cannot be taken by the City Council at the current meeting. He suggested that a joint study session might be held with the PB &R Commission to review the process and the trees chosen. He added that the final tree list should be adopted by resolution. Mayor Pro Tem Adams agreed that it might be a good idea to address some of the major concerns, without repeating the same process that has already been performed. City Manager Bludau noted that the next three Study Sessions are devoted to the 2000 -2001 budget. Mayor Pro Tem Adams decided that it might not be appropriate for the General Services Director to justify the selection of each of the trees at the current meeting. He did, however, refer to the letter contained in the staff report from the Balboa Peninsula Point Association and asked how their recommendations were addressed. In response to earlier statements, General Services Director Niederhaus • began by explaining that Council Policy G -6 includes the instructions for the care and planting of street trees. He also stated that the trees were selected using a manual that was developed by the urban foresters of all major cities in the State, Southern California Edison (SCE) and other public utilities and agencies that have to deal with trees. He apologized that he did not have the manual with him at the current meeting, since it provides detailed information on each tree selected. He added that the manual could be made available upon request. Mayor Noyes asked if smaller trees, in general, were looked at for the street tree designation list. General Services Director Niederhaus stated that the trees selected are not necessarily miniatures, but will grow to twenty to thirty feet in height. He said the City is trying to address all of the issues involved. Mayor Noyes stated his understanding for the limitations to having all large trees. Council Member Glover stated that she attended a meeting with SCE and they very honestly stated that they are trying to make shrubs out of trees, so that all growth is below their electrical lines. SCE added that the cities of Laguna Beach and Pasadena are trying to work with SCE on creating new policies. Council Member O'Neil stated that it is difficult to resolve tree issues because there are different emotional feelings. He acknowledged the PB &R Commission for handling many of the City's tree issues and feels that the • proposed street tree designation list provides enough flexibility. Council Member O'Neil suggested that the report be received and filed. Volume 53 - Page 317 • • • City of Newport Beach City Council Minutes April 25, 2000 Mayor Noyes asked that staff and the PB &R Commission be sensitive to the issues brought before them by the public. He stated his belief that through diligence, many tree issues will be resolved. 17. GENERAL DREDGING PERMIT UPDATE. Deputy City Manager Kiff stated that the City has held a ten -year permit to allow limited maintenance dredging in the bay, and that renewing the permit with the Coastal Commission has been a struggle. He stated that the Coastal Commission has applied a number of different criteria to its proposed permit that most individuals think are too onerous to deal with. Deputy City Manager Kiff stated that the Coastal Commission has been willing to talk with the City on some of the key concerns, such as the requirements for the quality of dredging material that can go on the beach versus the quality that has to go out to sea. He stated that the City is on the May 9, 2000, Coastal Commission agenda, which will be held in Santa Rosa. He stated that he will provide an update to the City Council that same day at the City Council's regular meeting. Council Member Debay asked if it would be helpful to have a Council Member present at the Coastal Commission meeting. Deputy City Manager Kiff stated that it may be and he'll know more after receiving their immediate response to the packet recently submitted by the City. Council Member Debay also suggested that staff meet with a City of Huntington Beach Council Member who is on the Coastal Commission. Deputy City Manager Kiff stated that staff met with her the previous week, and that she was very helpful. Council Member Ridgeway asked when the chemical analysis test would be performed on the areas excluded from the permit. Deputy City Manager Kiff stated that they want to do them as soon as possible, and that Fire & Marine Deputy Chief Melum was in the process of soliciting bids. Council Member Ridgeway thought that the information should be available by the May 9, 2000, Coastal Commission meeting. Deputy City Manager Kiff stated that it probably wouldn't be but that staff is expecting to have a condition in the permit that will allow for the excluded areas to be added once they are proven clean. Mayor Noyes noted that the recommended action was to receive and file the report. S23. REORGANIZATION OF MARINE ENVIRONMENTAL DIVISION. City Manager Bludau referred to page two of the staff report and the reference to the location of the office for the personnel of the Harbor Resources Division. He stated that he originally planned not to renew the lease with Heritage Yacht Brokers but, has since, spoken with them and has decided that there might be another alternative worth exploring, such as the use of one of the apartment units. Mayor Noyes noted that the recommended action was to receive and file the Volume 53 - Page 318 INDEX Dredging Permit Update (51) Marine Division (51) City of Newport Beach City Council Minutes April 25, 2000 • report. Council Member Ridgeway agreed that yacht brokerages are being misplaced in the bay, and the City should be conscious of that and support their presence. PUBLIC COMMENTS Mayor Noyes acknowledged the group of students in the audience and asked for one of them to speak about why they were in attendance at the meeting. William Tran, a University of Irvine student, stated that the students at the meeting were fulfilling a requirement of E109, Urban Planning. He stated that they were being required to attend two public meetings and get an idea of what goes on in various cities in regards to urban planning. Mayor Noyes also suggested that the students might want to attend a Planning Commission meeting. Assistant City Manager Wood encouraged the students to stay through the current meeting to Item #21, the discussion on the General Plan Update. Kathy Harrison, 1621 Lincoln Lane, Arts Commission Chairman, stated that she wanted to announce three upcoming events in Newport Beach. The first was the Juried Spring Show artists' reception to be held at City Hall on May 5, 2000. She stated that Mayor Noyes would be in attendance and presenting the awards to the winners of the juried show. Ms. Harrison also • encouraged local art organizations and groups to get their applications in by April 27, 2000 for the cultural arts grant program. She stated that the Arts Commission would be looking at the requests and making a recommendation to the City Council in May. Thirdly, Ms. Harrison announced the Imagination Celebration to be held at the Central Library on May 6, 2000. Allen Beek, 2007 Highland, stated that he is concerned about statements he has heard and read in local publications by people who say that if the City doesn't accept a project, it will just go to a nearby city. Mr. Beek argued that if a project is accepted in Newport Beach, the available parcel in the nearby city would also be developed. He concluded by stating that the available sites in nearby cities are going to be developed, regardless of what is done in Newport Beach. CONTINUED BUSINESS 13. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION COMMISSION. By the following roll call vote, Debra Allen was appointed to fill the vacancy on the Parks, Beaches and Recreation Commission: Debra Allen: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Roy Englebrecht: None • Abstain: None Absent: None Volume 53 - Page 319 INDEX Parks, Beaches & Recreation Commission (24) • I • City of Newport Beach City Council Minutes April 25, 2000 Council Member Debay thanked the people who applied for the position and noted that there are many qualified people who offer their services as volunteers to the City. 19. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION Mayor Noyes announced that the Ad Hoc Appointments Committee nominated Barry Eaton and Earl McDaniel for the current vacancy on the Planning Commission. Motion by Council Member Ridgeway to confirm the nomination of Barry Eaton, Earl McDaniel and Christi Bettingen for the current vacancy on the Planning Commission; and schedule the appointment for May 9, 2000. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 20. STATUS REPORT ON SANTIAGO DRIVE SPEED REDUCTION PROGRAM (contd. from 3/28/00 & 4/11/00). Item continued to May 9, 2000. 21. GENERAL PLAN UPDATE - DISCUSSION OF EXISTING GENERAL PLAN (contd. from 4/11/00 Study Session). Planning Director Temple provided a brief history of the staff reports prepared for previous City Council meetings on this item. She stated that the current report tries to show how the City of Newport Beach's process is different from how other communities have approached a general plan program. She stated that she did find one rural community in Central California that had used the visioning process to update their general plan. Council Member Debay referred to page one of the staff report and the list of weaknesses in the City's current General Plan and, specifically, the item regarding the impact of visitors to local resources and residents. She asked how a general plan can address traffic and circulation issues for visitors coming to the beach in the summer. Planning Director Temple stated that the City may never be able to fully satisfy the need people have to move around the beach areas during the peak summer weekend hours. She added that what the City can do is attempt to maintain the circulation system in such an improved fashion and in such a way that the best use of the system is accomplished. She referred to the timing of signals on Newport and Balboa Boulevards as an example. She summarized by saying that it's probably more a matter of management. Council Member Debay noted that the City's Traffic Phasing Ordinance requires a developer to be responsible for improving traffic circulation. Planning Director Temple confirmed that the Traffic Phasing Ordinance Volume 53 - Page 320 INDEX Planning Commission (24) Santiago Drive Speed Reduction (85) General Plan Update (68) J City of Newport Beach City Council Minutes April 25, 2000 INDEX implements some of the broader circulation goals contained in the Circulation Element, and is mentioned within the Element. Council Member Debay asked the Public Works Director to explain how funding is received to make street improvements that improve circulation and also if CalTrans had been contacted to perform an update and improvement of the City's signal system. Public Works Director Webb began by stating the Transportation/Development Services Manager Edmonston had been in contact with CalTrans and received input on some small specific areas but hasn't received the final report yet. Public Works Director Webb continued by stating that the Circulation Element and the City's system do not provide for maximum beach uses, but instead the facilities are designed for the day -to -day traffic. He stated that the funds available for implementing the Circulation Element are received from numerous sources including the gas tax, Measure M, competitive Measure M funds, Fair Share Fees, CIOSA (Circulation Improvement and Open Space Agreement) program, and some federal funding through OCTA (Orange County Transportation Authority) and the AHRP (Arterial Highway Rehabilitation Program). Public Works Director Webb listed some of the projects that have been completed and said that the City does actively pursue outside funding. Council Member Debay commented that the Circulation Element is one of four major concerns when discussing an update of the General Plan. • Mayor Pro Tern Adams noted that the item before the City Council at the current meeting was the Land Use Element. He referred to the tables in the staff report showing the estimated growth for the various statistical areas in the City, as presented in the 1988 Land Use Element. He asked how these projections were made in 1987, and what the difference was between the general plan growth column and the projected column. Planning Director Temple stated that the tables are intended to be summary tables, and that the actual regulatory language is the controlling factor. She stated that for the commercial developments, a parcel by parcel database was developed which accounted for all the square footage and land uses in increments as used in the traffic model. She stated that the projections were done based on two different approaches, one being through the application of floor area ratios and the other through the application of specific floor area limits. She added that for most of the larger commercial districts, actual square footage limits were used as the established limits. Mayor Pro Tern Adams asked what accounted for the difference between the general plan projection and the projected growth, when they did differ. Planning Director Temple explained that it is the difference between what was on the ground at the time the Land Use Element was written and what the General Plan limitation would allow. Mayor Pro Tern Adams confirmed that the existing projection column added to the general plan growth column equaled the projected column, in the tables previously referenced. He additionally asked where the City currently was in regards to the projected growth estimated in 1987. Planning Director Temple stated that one of the • preliminary exercises of any general plan update would be to update the existing database with this information. She added that the database for the traffic model has been kept current. Volume 53 - Page 321 City of Newport Beach City Council Minutes April 25, 2000 • Mayor Pro Tern Adams referred to Appendix A of the 1988 Land Use Element, which listed general plan amendments incorporated into the Land Use Element since October 24, 1988. He noted that amendments through 1998 were listed and requested any additional amendments to date be added to the list. Council Member Glover referred to Council Member Debay's previous comments and the general plan weakness addressing the impact of visitors to the residents of the City. Council Member Glover noted that there are different types of visitors to the City, some who come from nearby cities and shop at such places as Fashion Island and others, such as those who come to enjoy the beach, who provide very little revenue to the City. She noted that there is an unmet financial need and the rest of the City is looked at to pay for services, such as Police. She noted that this makes Newport Beach very unique and that the revenue flow must continue. Council Member Glover concluded by stating that a general plan update should be done, and that the process should begin now. She noted that support staff will most likely be needed. Mayor Pro Tern Adams stated that there are twelve policies in the Land Use Element. He stated his concurrence with staffs discussion in the staff report of the weaknesses of the current General Plan. He briefly mentioned these, as listed on page one of the staff report. He pointed out that the twelve • policies are still applicable today and he feels that the City has done a good job of adhering to them. Council Member Thomson confirmed with Planning Director Temple that a full update of the General Plan would cost several hundred thousand dollars and take approximately 18 months to complete. Council Member Thomson agreed with Mayor Pro Tern Adams that the City has a good start, referring to some of the statistical areas that are not experiencing a lot of growth. He added that some of the growth areas and changing areas do need to be addressed in regards to traffic, visitors and revenue. He asked what vehicle could be used to facilitate these areas. Assistant City Manager Wood stated that what might help these areas the most is to look at the philosophy for the areas and the direction the City would like to see them go. She noted the policies from the 1972 General Plan Policies, and specifically land use supporting policies (f) and (g) which related to destination tourist facilities and water- oriented recreational facilities. Assistant City Manager Wood expressed her opinion that looking at the philosophy and policies for various areas would be a better place to start than updating databases. Council Member Thomson agreed, but added that too much visioning could be done and he's ready for things to get done. He said parts of the City are in need of some infrastructure changes. Council Member Ridgeway referred to the 1972 General Plan Policies and noted that they are non - quantitative, while the current General Plan is too regulatory. He stated that the City should concentrate on the Land Use and • Circulation Elements first. He referred to the land use general objective in the 1972 document, which states that Newport Beach is a low- density residential- recreational area. He suggested that the City may just need to Volume 53 - Page 322 Will �►:1 City of Newport Beach City Council Minutes April 25, 2000 INDEX • re- establish this objective from 1972. Additionally, he referred to land use supporting policy (e), which related to commercial areas. Council Member Ridgeway stated that the airport area is different because it is regional in nature, not residential. He stated that the only thing missing from the 1972 document is a discussion of the airport area. He stated his belief that the City can address the circulation element and the build -out in the airport area, while at the same time maintaining the quality of life in the residential neighborhoods. In conclusion, he stated that the 1972 document was very insightful and is still very timely. Mayor Pro Tern Adams asked Council Member Ridgeway's opinion of the current document, the 1988 Land Use Element. Council Member Ridgeway commented that the 1988 document didn't get into policy, but was more specific. He stated that he thought the City wanted to get into a discussion on who and what the various areas of the City are. He agreed that the peninsula is an original part of the City, has a deficient infrastructure and will never contribute to the general fund. He added that the peninsula is the largest single recreation element of the City, is world -known and the City has an obligation to maintain it. Council Member Glover clarified that, earlier, she was only talking about the Financial implications of the peninsula. • Council Member Ridgeway noted that the City's operational budget is about $85 million with the majority of revenue coming from property tax, sales tax and transient occupancy tax (TOT). City Manager Bludau stated that TOT provides approximately $7 million, sales tax $15 million and property tax $18 million. Council Member Ridgeway stated that the City is a long -term residential community with a few regional areas that need to be addressed and included into the overall quality of life in the City. He concluded by stating that a general plan and circulation update should be done. Council Member Debay confirmed with Planning Director Temple that staff is looking for the City Council to receive and File the staff report, and direct staff on the next steps of the general plan update process. Council Member Debay confirmed that the housing element process is underway and needs to continue since it is mandated. She requested that staff provide the City Council with more information on the priority of the weaknesses and potential areas of change, as listed in the staff report. She suggested that this could be in an executive summary type format. Mayor Pro Tern Adams suggested that a starting point should be to create a scorecard on the twelve policies, receive input from the City Council, and decide if the policies should be changed, if they are still appropriate and if any should be added. Allen Beek, 2007 Highland, referred to Mayor Pro Tem Adams' earlier comments about updating the databases for the various statistical areas and • stated that in 1988, it was projected that the plan included enough growth to provide for approximately 20% more traffic. He said that when it was updated, seven years later, there was still about 20% growth. Volume 53 - Page 323 • is • City of Newport Beach City Council Minutes April 25, 2000 Dan Purcell, 3 Canyon Lane, agreed with Council Member Ridgeway's earlier comments and thanked Mayor Pro Tem Adams for placing the item on the agenda. He stated that he knows a general plan update takes a lot of work and can be very tiring, but he also feels that it is very important and an opportunity to look at the whole City. He stated his support for going through the process. He concluded by stating that Newport Beach is a wonderful place and updating the general plan will help it to continue in that direction. Council Member Ridgeway referred to page 26 of the 1972 General Plan Policies and community design supporting policy (f2), which discussed high - rise buildings being limited to protect the low- density residential character of the community. He said this represents an example of a policy and a vision. He complimented the 1972 document, even though the growth in the surrounding communities wasn't anticipated. He suggested that the 1972 document be revisited and incorporated it into the City's current general plan. Council Member O'Neil stated that he was not in attendance at the Study Session that discussed the visioning process. He recalled from a meeting at the Hyatt Newporter, a couple years prior, that it was decided that a complete general plan update would not be done due to the time and money involved, and since specific area plans were also being discussed. He said later it was decided to do more of a visioning process, then an airport specific plan was looked at and later, again, a general plan update. He stated he's having trouble determining where the City Council is headed, but that it seems evident that the City has developed at a rate and with land uses that are compatible with the policies discussed in 1972. He noted that growth in communities surrounding the City may have something to do with the increased traffic that some are seeing and the recent need to discuss a potential general plan update. He asked what would happen if the City did not do a comprehensive update of its general plan and instead uses the specific plan concept, since the City is basically developed. City Manager Bludau stated that the general public does not understand the general plan or the land use policies very well, leading them to believe that development occurs helter - skelter. He suggested that a visioning process may need to be done just to educate the community on the current policies, with little change really being made. Council Member Ridgeway suggested that the 1972 document should be looked at and updated, and then a determination should be made on how the general plan and each element in it might be addressed. Mayor Pro Tern Adams disagreed and suggested that the twelve current policies should be assessed and discussed. He said they provide a summary of the 1972 policies. Mayor Pro Tern Adams confirmed for Council Member Ridgeway that the 1972 document is not effective and only provided in the staff report for historical perspective. Assistant City Manager Wood confirmed that the 1988 document supersedes Volume 53 - Page 324 INDEX • City of Newport Beach City Council Minutes April 25, 2000 the 1972 document. Council Member Ridgeway agreed with Mayor Pro Tem Adams' suggestion that the City should start with the overall policies, update them and that the process should provide guidance on specifically where the City will decide to go from there. Mayor Noyes asked about the formation of an Ad Hoc Committee to focus on how the City wants to proceed. He requested that this item be placed on the agenda of the May 9, 2000, City Council meeting. Allen Beek, 2007 Highland, stated that he was involved in the creation of the 1972 document and he wished that some of the others who worked on the document were alive today to hear the kind words and admiration expressed by the City Council for the work that was done. CURRENT BUSINESS 22. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2000. Item continued to May 9, 2000. MOTION FOR RECONSIDERATION - None. ADJOURNMENT - 9:40 p.m. The agenda for the Regular Meeting was posted on April 19, 2000, at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on April 21, 2000, at 12:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. , Recording Secret Mayo rn. o� NEw� • City Clerk 1� �^ U Fj z C`74/FORr`P Volume 53 - Page 325 11017 Ad Hoc Appointments Committee (24)