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HomeMy WebLinkAbout01/23/2001 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 23, 2001 - 7:00 p.m. INDEX STUDY SESSION - 3:00 p.m. CLOSED SESSION - 6:00 p.m. CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Absent: None Pledge of Allegiance - Council Member Heffernan. Invocation by Reverend Lloyd H. Sellers, Chaplain, Hoag Memorial Hospital Presbyterian. Recognition of the coordinators of the City's United Way Campaign by Miriam Eldridge, General Services Management Analyst, and Jean -Marie Bowland, United Way representative. Ms. Eldridge stated that this year's campaign was held over a short period of time and the coordinators were extremely helpful in achieving the City's total contribution to the United Way of over $48,000. Ms. Bowland recognized the efforts of Ms. Eldridge and presented her with a plaque. She also presented certificates of appreciation to each of the department coordinators, which included Raquel Tristan, Craig Chastain, Dan Ohl, LaVonne Harkless, Monika Goodwin, Steve Shulman, Patrick Arciniega, Sean Bearly, James Campbell and Due Bui. Ms. Bowland thanked the City for its leadership. Proclamation recognizing and commending the Newport Harbor Nautical Museum for its continuing success in providing quality nautical oriented information and education to its neighbors. Mayor Adams stated that the proclamation was on the occasion of the Newport Harbor Nautical Museum entering its fifth year aboard the riverboat, the Pride of Newport. He read from the proclamation and presented it to Wayne Eggleston. Mr. Eggleston announced that the Rex Brandt exhibit is currently on display at the museum and two tall ships are currently docked by the riverboat. Mayor Pro Tern Ridgeway recommended the Wind. Water & Light: The Leeacv of Rex Brandt exhibit. Public Works Director Webb noted that Rex Brandt created the City seal. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Volume 54 - Page 61 City of Newport Beach City Council Minutes January 23, 2001 INDEX • Council Member Heffernan reported that many people are running the stop signs in the Port streets. He requested a report from the Police and Public Works departments on what is being done to remedy the situation. • Council Member Heffernan announced that the Central Library is always looking for books to sell in the bookstore. He stated that the bookstore is open 10:30 a.m. to 4:30 p.m. on weekdays and Saturdays, and 1:00 p.m. to 4:00 p.m. on Sundays. • Council Member Heffernan asked for the City's position on the interior lighting of the parking structure that is currently being constructed at Hoag Hospital. • Council Member Heffernan stated that the County is considering a light rail system and suggested that it might affect service levels at John Wayne Airport. • Council Member Heffernan commended the Police Department for their prompt response to the recent burglary at Traditional Jewelers and suggested that the City needs to look at its role in protecting businesses while remaining vigilant on the safety issue. • Council Member O'Neil requested a report on the purpose of the retaining wall that's being constructed on Bristol Street near John Wayne Airport. • Council Member Proctor requested a report on the history of the density in the West Newport area. He specifically asked for what actions and incentives have been looked at to encourage conversions of multiple units to single family dwellings. He additionally requested a report on the history of the possibility of resident parking permits in the West Newport area. And, lastly, a report on the impact of short -term summer rentals, and the policies and options associated with them. Mayor Adams confirmed with Council Member Proctor that the item would not need to be agendized for a City Council meeting, at this time. Mayor Pro Tem Ridgeway agreed and suggested that a summary of a report done by a West Newport study group a couple years prior be obtained and included in the information presented to Council Member Proctor. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 9, 2001. Waive reading of subject minutes, approve as corrected and order filed. Correction made to Item #22 of the Regular Meeting minutes. The OCRAA appointment was corrected from Mayor Pro Tern Ridgeway to Council Member Proctor. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. Volume 54 - Page 62 City of Newport Beach City Council Minutes January 23, 2001 INDEX 1 V1,y 1'V1,.L ... 3. Item removed from the Consent Calendar by Mayor Pro Tern Ridgeway. 4. Item removed from the Consent Calendar by Council Member O'Neil. CONTRACTS AND AGREEMENTS 5. LOT 27 AND A PORTION OF HAMPDEN ROAD OF TRACT NO. 3357, Resub 1010 AS SHOWN ON A MAP FILED IN BOOK 107, PAGES 1 THROUGH 7, 4717 Hampden Road INCLUSIVE, OF MISCELLANEOUS MAPS TOGETHER WITH A (84) PORTION OF BLOCK 35 OF IRVINE'S SUBDIVISION, AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, BOTH RECORDS OF ORANGE COUNTY, CALIFORNIA. 1) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 1010; and 2) authorize the City Clerk to release the faithful performance and labor and material surety (Union Bank Certificate of Deposit No. 27993). 6. Item removed from the Consent Calendar by a member of the audience. 7. CORPORATION YARD BUILDING "O" - CONTRACT NO. 3376. C -3376 1) Reject the bid from Lacy Construction; and 2) direct staff to modify the Corporation Yard plans and specifications as needed and re- advertise the project for bid. (38) 8. PARK PLAYGROUND REFURBISHMENT - AWARD OF CONTRACT C -3384 NO. 3384. 1) Approve the plans and specifications; 2) find that the apparent Park Playground low bid of Micon Construction is non - responsive and reject their bid without Refurbishment prejudice; 3) award Contract No. 3384 to Green Giant Landscape for the (38) Total Bid Price of $157,202.00, and authorize the Mayor and the City Clerk to execute the contract; and 4) establish and amount of $8,000 to cover the cost of unforeseen work. 9. DIGITAL ORTHOPHOTOGRAPHY SERVICES - APPROVAL OF C -3396 PROFESSIONAL SERVICES AGREEMENT WITH MERRICK & Digital COMPANY. 1) Approve a Professional Services Agreement with Merrick & Orthophotography Company of Aurora, Colorado, for digital orthophotography services at a Services contract price of $125,117 and authorize the Mayor and City Clerk to execute (38) the Agreement; and 2) establish an amount of $12,511 to cover the cost of unforeseen work. MISCELLANEOUS ACTIONS 10. Item removed from the Consent Calendar by Mayor Adams. 11. BUDGET AMENDMENT (BA -025) TO APPROPRIATE A DONATION BA -025 ($10,001) FROM THE CALIFORNIA LITERACY CAMPAIGN AND TO California Literacy TRANSFER $13,605 FROM THE LIBRARY LIABILITY ACCOUNT Campaign Donation 800 -2248. Approve BA -025. (40/50) Volume 54 - Page 63 City of Newport Beach City Council Minutes January 23, 2001 12. Item removed from the Consent Calendar by Council Member Proctor. 13. Item removed from the Consent Calendar by City Manager Bludau. 14. FINANCING OF MARINER'S MILE PUBLIC IMPROVEMENT PLAN. Continue indefinitely. 521. AIRPORT ISSUES COMMITTEE REVISION OF DUTIES. Approve recommended revision of duties for the Airport Issues Committee. Motion by Mayor Pro Tern Rideeway to approve the Consent Calendar, except for those items removed (3, 4, 6, 10, 12 and 13), and noting the correction to Item No. 1. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 3. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO CST ENVIRONMENTAL, INC. (contd. from 1/9/01). Mayor Pro Tem Ridgeway referred to Section 5, Disposal of Commercial Solid Waste, of the contract in the staff report and asked how the City knows if CST Environmental, Inc. is meeting the City's requirement for recycling. General Services Director Niederhaus explained that when AB939 was passed in 1959, it required that cities achieve 25% recycling by 1995 and 50% by December 31, 2000. He stated that it was decided that the best way to manage this would be through non - exclusive franchise agreements with indemnification clauses. He stated that the solid waste haulers have to report to the City on a quarterly basis. He stated that the City has kept careful documentation of how much waste goes into the landfill and how much is recycled. Mayor Pro Tom Ridgeway asked for an explanation of the indemnity. General Services Director Niederhaus explained that a new bill, SB1006, will allow the City a five -year extension to make the 50 %, and the franchise agreements include a clause that states that the solid waste hauler must meet the 50% recycling requirement. He added that the extension would be passed on to the hauler. Council Member Proctor asked if a threshold of obligation was included in the agreement. General Services Director Niederhaus explained that if a hauler does not meet the 50% quota, the City can either take the franchise agreement away or use the reserve fund, paid into by the haulers, to take the necessary steps to meet the quota. General Services Director Niederhaus added that CST Environmental, Inc. is being hired to handle the Volume 54 - Page 64 INDEX (No report) Airport Issues Committee (24) Res 2001 -6 Ord 2001 -1 CST Environmental Waste Franchise (42) City of Newport Beach City Council Minutes January 23, 2001 demolition material from 500 Superior Avenue. He stated that the recycling rate should be very high plus a high franchise fee will be collected. General Services Director Niederhaus further explained that the agreement includes the requirement that the franchisee meet all requirements of the City. City Attorney Burnham noted that the information was contained in Section 11, Paragraph C of the agreement. Jim Hildreth, 120 The Grand Canal, stated that since the City does not pick up the refuse from businesses, the agreement can't be helping the businesses. Motion by Mayor Pro Tern Ridgeway to adopt Resolution of Intention No. 2001 -6 to award a Non - exclusive Solid Waste Franchise to CST Environmental, and to schedule a public hearing on February 13, 2001; and introduce Ordinance No. 2001 -1 granting a Non - exclusive Solid Waste Franchise to CST Environmental, Inc. and pass to second reading on February 13, 2001. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 4. PROPOSITION 13 GRANT FOR BUCK GULLY. Council Member O'Neil stated that water runoff, storm water drainage and erosion in the sensitive area of Buck Gully is of community -wide concern. Deputy City Manager Kiff explained that approval of the item by the City Council will give the City the authorization to apply for a grant to improve water quality. He displayed an overhead photo of the Buck Gully area, and stated that Buck Gully is an area of special biological significance and should be protected from urban runoff. He stated that the flow has increased and the City wants to improve the quality before it is required to do so by the State Water Resources Control Board (SWRCB). Deputy City Manager Kiff thanked the Orange County CoastKeeper, Newport Beach Chapter of Surfrider, the County of Orange and the Regional Board of the SWRCB. Motion by Council Member O'Neil to adopt Resolution No. 2001 -7 authorizing City staff to apply for a grant from the Sale Drinking Water, Clean Water, Watershed Protection, and Flood Prevention Bond Act (Proposition 13, March 7, 2000) to make water quality and habitat improvements in Buck Gully. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Volume 54 - Page 65 110 13 Res 2001 -7 Buck Gully Grant (51) City of Newport Beach City Council Minutes January 23, 2001 Absent: None 6. UNDERGROUNDING OF UTILITIES IN BALBOA VILLAGE (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 75). Jim Hildreth, 120 The Grand Canal, stated that undergrounding is taking place on Little Balboa Island and Arizona Pipeline is working close to the fire station. He stated that there is a sulfur type smell coming from the site and indicated his concern for water quality. Council Member Heffernan asked if Edison's recent problems would delay the project. City Manager Bludau stated that this project would not be affected. Motion by Mayor Pro Tern Ridgeway to authorize a budget amendment (BA -024) to appropriate $6,800 from the unappropriated General Fund balance and transfer $48,000 from Account No. 7401- C5110514 to proposed Assessment District No. 75, Account No. 7401- C5200603; and authorize the City Manager to execute a Professional Services Agreement with GFB Friedrich & Associates in the amount not to exceed $25,425 for assessment engineering services. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 10. (Taken out of order, after Item No. 13.) 12. REPORT FROM CITY ATTORNEY'S OFFICE REGARDING SURREY CYCLES. Council Member Proctor stated that it appeared from the correspondence received from the business owners that they were expecting some type of action to be taken by the City. He asked for clarification regarding the status of the item. Deputy City Attorney Ohl stated that a proposal was presented to the City Council on October 24, 2000, to restrict the renting of surrey cycles south of Coast Highway. Due to the objection of several of the business owners, Deputy City Attorney Ohl stated that the City Council directed staff to meet with the business owners, investigate the matter further and report back to the City Council. Motion by Mayor Pro Tern Ridgeway to receive and file. Council Member Heffernan asked if the problem on the boardwalk had been resolved. Deputy City Attorney Ohl stated that staff was only directed to provide additional information and work with the business owners. He pointed out that the staff report did include several suggestions by the Volume 54 - Page 66 INDEX Assessment District 75 (Balboa Village) BA -024 (40/89) Surrey Cycles (70) City of Newport Beach City Council Minutes January 23, 2001 business owners for solving the problem. Mayor Adams asked how the suggestions would be enforced or used. City Attorney Burnham suggested that the City could monitor compliance of the suggestions made by the business owners and report back to the City Council. Mayor Adams suggested that a date be selected for bringing the item back to the City Council. He noted that the implied message to the business owners should be that if things don't improve, the City Council will need to reconsider prohibiting surrey cycles. Mayor Pro Tem Ridgeway stated that he has learned that all of the business owners, except one, are complying with the recommendations in the staff report. He stated that the one business owner is creating the problem for the rest of them and that possibly the other business owners may want to apply some peer pressure. Council Member Heffernan stated that a report in the summer wouldn't be soon enough and suggested that the item come back to the City Council before the schools are out. Mayor Adams confirmed with City Attorney Burnham that a report could come back to the City Council at the meeting prior to Memorial Weekend. Mayor Adams stated his concern that it might not give staff a good indication of how the recommendations may be working. Mayor Pro Tern Ridgeway stated that many of the recommendations could be monitored prior to that date. Jim Hildreth, 120 The Grand Canal, stated that there really isn't much of a problem with the surrey cycles and agreed that some peer pressure could be successful in bringing the one business owner into compliance. Mr. Hildreth further suggested that any violations should be dealt with by the police. Joe Klure, Balboa Beach Rentals, stated that he understood that the City had already done some studies and no injuries or accidents from surrey cycles had been discovered. He stated that his company makes all of its customers sign an agreement about the use of the surrey cycles. He added that he feels that Balboa Beach Rentals is a good neighbor and that the business owners are ready to work with the City in order to remain in good standing. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 13. COASTKEEPER'S GIANT KELP REFORESTATION PROGRAM. Deputy City Manager Kiff thanked the City Council for the opportunity to present information on the project taking place off the coast of Newport Volume 54 - Page 67 INDEX CoastKeeper's Giant Kelp Reforestation Program City of Newport Beach City Council Minutes January 23, 2001 10. Beach and introduced Garry Brown of CoastKeeper's. Mr. Brown stated that CoastKeeper is involved in many projects in the Newport Beach area. He stated that the giant kelp reforestation program has several facets, and meets the goal of producing kelp while educating kids at the same time. Mr. Brown presented a video, which explained and illustrated the giant kelp reforestation program in more detail. It explained how the kelp plants are grown in a land -based laboratory and then transferred to ocean sites, where they can reach over 150 feet in length. Further, it was explained that a forest of giant kelp can create a reef habitat that is important for many fish. Council Member Bromberg stated that CoastKeeper's is a great resource and recommended that the public become familiar with the organization. He added that they are the first line of defense for protecting the ocean and complimented the work that they do. Mayor Pro Tem Ridgeway added that CoastKeeper representatives attend the Harbor Quality Committee meetings. Motion by Council Member O'Neil to receive and file the report and presentation from Orange County CoastKeeper regarding CoastKeeper's Giant Kelp Reforestation Program. Jim Hildreth, 120 The Grand Canal, asked if giant kelp could be put on the manmade reef by the Newport Pier. Gordon Lehman, President of Coastal Marine Technology, stated that the manmade reef by the Newport Pier could possibly support kelp, but the focus has been on reforesting those areas where kelp has grown naturally in the past. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None PLANNING COMMISSION AGENDA FOR JANUARY 18, 2001. Planning Director Temple stated that the Planning Commission meets the Thursdays preceding City Council meetings. She stated that two items were scheduled for the Planning Commission meeting of January 18, 2001, and announced that the item to consider amendments to the use permit for the Riverboat Cafe was continued to the Planning Commission meeting of February 8, 2001. Planning Director Temple stated that the other item on the agenda was a use permit to allow reconstruction of certain buildings at 500 Superior and the acceptance of an environmental document. Planning Director Temple announced that the Planning Commission looked at the project over a period of three meetings, and approved it at the meeting of January 18, 2001. She Volume 54 - Page 68 INDEX Planning Commission (68) City of Newport Beach City Council Minutes January 23, 2001 INDEX noted the conditions for approval that the Planning Commission required, which included requirements for parking, drainage, land use, number of employees, landscaping and signage. Motion by Council Member O'Neil to receive and file. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None PUBLIC COMMENTS Robert Hanley, 1601 Indus Street, Santa Ana Heights, encouraged the City to proceed with the annexation of Santa Ana Heights. He stated that he also attended the Costa Mesa City Council meeting and was disappointed with their attitude. He stated that the Mayor did not allow the council members to ask questions of the speakers. Mr. Hanley stated that the issue is quality of life, referring to the proposed airport in South County. He added that liquefaction is another problem for the John Wayne Airport and South County should be informed of the necessity for another airport for more reasons that just convenience. Jo Ping, 2105 E. Balboa, Secretary of the Board of Directors for the Balboa Performing Arts Theater Foundation, stated that the construction plans for the theater are currently with an architect and should be returned to the City by March 1, 2001, for review. Ms. King added that the fundraising efforts for the theater are moving forward and they've already received over $120,000 in donations and pledges. She announced that a packet of information is available by calling 949 - 673 -0895. Russell Niewiarowski, Santa Ana Heights, used a PowerPoint presentation to illustrate what is being proposed for the retaining wall on the north side of Bristol Street North. He also announced that he would be meeting with Chairwoman Cynthia Coad to discuss a better solution. Mr. Niewiarowski stated that the County plans to allocate funds for the wall to stop soil erosion and beautify the slope. He also presented photos of airplanes conducting tests at the end of runway and explained that a perimeter sound wall should be considered. He encouraged the City Council to work with the County to develop a cheaper and better presentation by using landscaping instead of a concrete wall. Jim Hildreth, 120 The Grand Canal, stated that on January 18, 2001, he received a copy of the payment history from 1994 to 2000 for his residential pier. He stated that at the City Council meeting of July 26, 1999, four residential lots at the extreme south and north ends of The Grand Canal were discussed. Mr. Hildreth stated that he spoke at that meeting. Lastly, he stated that his letters of January 9, 2001, were also Volume 54 - Page 69 City of Newport Beach City Council Minutes January 23, 2001 sent to the Department of Boating and Waterways and the South Coast Division of the California Coastal Commission. Heather Somers, Costa Mesa, asked for a clarification on any minutes or discussion that may have taken place by the City Council on its intent to withdraw funding and/or support from the Orange County Regional Airport Authority (OCRAA). She stated that Council Member Glover, an alternate member of OCRAA, had made statements at prior meetings to indicate this. Ms. Somers asked for clarification of the City's intent. Mayor Adams stated that the City Council had not taken a formal position on the funding of OCRAA, but that staff would look into it and get back to her. He indicated that there may have been informal discussions at the ad hoc committee level. Alicia Long, 1736 Port Margate Place, stated her support for Council Member Heffernan's earlier comments about the stop signs in the Port streets. She stated that they have a serious problem and she has been in contact with the City's traffic engineering office. She asked for information about what will happen in the future and what is being done regarding the problem. Mayor Adams stated that Council Member Heffernan has asked for a report back from staff. City Manager Bludau stated that staff will attempt to have a report ready for the City Council meeting of February 13, 2001. PUBLIC HEARINGS 15. USE PERMIT 3626 (BUZZ) REVOCATION APPEAL (ERIC RAMESON AND HOSPITALITY MANAGEMENT GROUP, APPLICANT/ APPELLANT) - 3450 VIA OPORTO - AN APPEAL BY THE APPLICANT OF THE PLANNING COMMISSION'S REVOCATION OF USE PERMIT 3626 (contd. from 12/12/00). Motion by Mayor Pro Tern Ridgeway to continue the item to February 13, 2001. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 16. PLANNING DIRECTOR'S USE PERMIT NO. 69, ACCESSORY OUTDOOR DINING PERMIT NO. 76 - EXPANSION OF AN EXISTING FULL SERVICE SMALL SCALE EATING AND DRINKING ESTABLISHMENT INTO A NEIGHBORING TENANT SPACE, INCREASING THE INTERIOR SEATING FROM 12 SEATS TO 21 SEATS, INCREASING THE EXTERIOR SEATING FROM 8 TO 12 SEATS AND PROVIDING SEPARATE GENDER RESTROOMS [2801 Volume 54 - Page 70 INDEX Use Permit 3626 Buzz Revocation Appeal 3450 Via Oporto (88) Planning Director's Use Permit 69/ Accessory Outdoor Dining Permit 76 (68) City of Newport Beach City Council Minutes January 23, 2001 EAST COAST HIGHWAY] (contd. from 1/9/01). Planning Director Temple stated that the applicant has requested that the item be continued. She added that in considering the approval, the Planning Commission imposed a requirement for the applicant to seek supplemental parking for their peak hours of operation in the morning. She stated that the applicant has been diligently pursuing opportunities to fulfill the requirements of the condition and earlier in the day, indicated that they may have found two potential locations. They did, however, ask for more time to finalize the agreements. Council Member O'Neil asked for clarification on the difference between continuing the item and upholding the decision of the Planning Commission. Planning Director Temple stated that if the agreements are not completed, the applicant may still be interested in pursuing its appeal of the Planning Commission's decision. Motion by Mayor Pro Tem Ridgeway to continue the item to February 13, 2001. Mayor Pro Tem Ridgeway stated that he has spoken to some of the landowners in the area and they have indicated that the applicant has been contacting them. Calvin Coatsworth referred to his earlier correspondence and urged the City Council to deny approval of the project. He stated that the use requested by Starbucks is too intensive for the neighborhood. Council Member Heffernan confirmed with Mayor Adams that there has not been a formal appeal by a resident of the decision made by the Planning Commission. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 17. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES (contd. from 1/9/01). Mayor Adams stated that many of the appointments will be continued to the City Council meeting of February 13, 2001. He stated that he is still seeking volunteers for some of the vacancies and announced that interested citizens can contact the City Clerk's office for an application. Mayor Adams added that he has requested that the City Clerk's office prepare a summary of available positions. City Manager Bludau confirmed that this is in process. Mayor Adams specifically mentioned the Vector Control District vacancy and Volume 54 - Page 71 11013 sIV (No report) City of Newport Beach City Council Minutes January 23, 2001 18. stated that it is a two -year commitment, which can be filled by a resident. He mentioned that since it is a Board position, a City Council subcommittee will conduct the interviews and make a recommendation to the full City Council. Council Member Bromberg suggested that the Mayor make the appointments for the Aviation Committee. Council Member Heffernan stated that he has interested candidates for the Ad Hoc Telecommunications Committee. Motion by Mayor Adams to confirm the following appointments. I. COUNCIL /CITIZENS AD HOC COMMITTEES A. Aviation Committee Co- Chairs Council Members Glover and Bromberg (Council Member Bromberg replaces Council Member Proctor on the Committee). B. Ad Hoc Telecommunications Committee 1. Community Member To be Determined 2. Community Member To be Determined 3. Community Member To be Determined II. REPRESENTATIVES TO JOINT GOVERNMENTAL A. Oranye County Vector Control District Board of Trustees To be Determined (either Council Member or resident) IV. CITIZENS ADVISORY COMMITTEES A. Harbor Quality Vice Chair To be Determined (either Council Member or resident) The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None JIFFY LUBE SIGN PROGRAM - 1520 WEST COAST HIGHWAY (CHRISTIAN FANTICOLA, APPLICANT) (contd. from 1/9/01). Volume 54 - Page 72 INDEX 1520 West Coast Hwy. Use Permit 3647 (88) City of Newport Beach City Council Minutes January 23, 2001 INDEX rlammng Director rempie statea tnat to considering the use permit for the automotive facility, the Planning Commission required that the sign program be resubmitted for their approval. Specifically, they allowed two wall signs and one monument sign. Subsequent to the imposition of the condition, the City commenced deliberations in regards to the Mariners' Mile design framework. She stated that when the applicant resubmitted their sign program, it was in compliance with the City's municipal code but not with the new requirements of the design framework. She stated that the applicant was informed of the changes and told that staff would recommend compliance with the provisions of the design framework. Planning Director Temple stated that both the Planning Commission and staff were concerned about the monument sign in the sign program submitted by Jiffy Lube. Staff recommended that the monument sign be allowed at the height requested, but at a lesser width. The Planning Commission disagreed and required that the sign be lowered to six feet with a maximum width of four feet. Planning Director Temple stated that the requirement was permissible under the provisions of the design framework. She stated that Council Member Glover and staff have been working with the applicant. She stated that new wall signs have also been proposed. Mayor Adams confirmed with Planning Director Temple that each individual letter would be internally illuminated. Mayor Adams further confirmed that the monument sign in the staff report is similar to the new sign proposed. Planning Director Temple stated that the new monument sign and the wall signs are now compliant with the design framework, with the Planning Commission recommending that the monument sign be lowered to six feet. She stated that staff is recommending that the changes to the wall signs and the compliant monument sign be approved and considered a good solution. Planning Director Temple stated that Senior Planner Campbell was present at the meeting to answer questions about sign fabrication and Keenan Smith, consultant for the design framework, was also present to answer questions about the concept of the design framework. Christian Fanticola, Applicant, 45 Auvergne, stated that Jiffy Lube has always intended to file a sign program that was in compliance with City codes and the Mariners' Mile design framework. He stated that it is important for the City Council to uphold the integrity of the design framework. He requested that the City Council approve the staff recommendation for the sign program. Council Member Heffernan asked how big the wall signs were. Mr. Fanticola stated that they are eleven feet, nine inches in width and three feet in height. He added that the height to the bottom of the sign is fifteen feet, four inches. Council Member Heffernan further confirmed that there are a total of five signs on the property, which include the monument sign, two wall signs and two directional signs. He expressed his concern that it seemed like too much signage, particularly when considering the proximity of Jiffy Lube to the Balboa Bay Club. He asked if the applicant needed that many signs. Mr. Fanticola stated that the wall signs are the only signs that represent the name of the business. He stated that the monument sign displays the corporate logo. Volume 54 - Page 73 City of Newport Beach City Council Minutes January 23, 2001 INDEX Mayor Adams noted that the square footage of the signs was reduced when the background of the wall signs was eliminated. He asked how the new proposed square footage compared to the entitlement. Senior Planner Campbell stated that the wall signs are well within the requirements of the code. He stated that the applicant has also agreed to remove the logos from the directional signs. Mayor Pro Tem Ridgeway complimented the Planning Commission's review of the sign program. He stated that, in the future, the City Council needs to address sign criteria and how it relates to Mariners' Mile. He added that the project under consideration is before the City Council because of the conditional use permit, which gives the City Council the ability to maintain a project of higher quality. He referred to Council Member Heffernan's earlier comments about the two wall signs and agreed that the City's sign ordinance is way too liberal. Mayor Pro Tem Ridgeway stated that he can support the monument sign at six feet high and four feet wide, and the new wall signs. He noted that the City of Tracy has a much stricter sign ordinance than the City of Newport Beach. Mayor Pro Tem Ridgeway stated that the Jiffy Lube monument sign is redundant. Mayor Adams asked if engineering had reviewed the directional signs in regards to site distance. Public Works Director Webb suggested that the directional signs may need to be set back farther. Mayor Adams asked if staff approval is required prior to placement of the directional signs. Planning Director Temple stated that the applicant had already been informed that the signs will need to be moved back and is in agreement. Council Member Glover stated her agreement with Mayor Pro Tem Ridgeway that the City's sign ordinance is far too liberal. She stated that the design framework deals with some of the issues, but when it doesn't, the sign ordinance has to be relied upon. Council Member Glover stated that the sign ordinance needs to be looked at. Mayor Pro Tem Ridgeway stated that the request by Jiffy Lube is coming to the City Council under a use permit and not under the sign ordinance. He stated that, for this reason, the City Council is under its authority to support the decision of the Planning Commission for a six-foot by four -foot monument sign. City Attorney Burnham confirmed that the City Council has discretion over the size, design and location of the signs. Motion by Mayor Pro Tem Ridgeway to modify the sign program to include improved wall signs, directional signs without logos and a six -foot high by four -foot wide monument sign; and the relocation of the directional signs as necessary to improve the site line. Council Member Glover stated that she and staff met with the applicant after the approval by the Planning Commission and made some changes, which included a change in the verbiage on the monument sign, the raceway signs were changed to channel signs and the logo was removed from the directional signs. She confirmed with Mayor Pro Tem Ridgeway that this was his motion. Volume 54 - Page 74 City of Newport Beach City Council Minutes January 23, 2001 Planning Director Temple further confirmed that staff understood the motion. Council Member Heffernan restated his earlier comments about the City taking this as an opportunity to take a stand on its signs. He stated that there is too much sign area on the Jiffy Lube building when considering its location and proximity to the street. Mayor Adams stated his understanding of Council Member Heffernan's comments, but added that the applicant had already reduced the signage on the property below what he is entitled to. He suggested that the sign ordinance should be addressed for subsequent uses on Mariners' Mile. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Mayor Adams Noes: Heffernan Abstain: None Absent: None CURRENT BUSINESS 19. MARGUERITE AVENUE - SANDCASTLE DRIVE INTERSECTION Transportation/Development Services Manager Edmonston stated that the Traffic Affairs Committee (TAC) reviewed the request of Robert Curci for a stop sign on Marguerite Avenue at Sandcastle Drive during the summer of 2000. The alternative that was decided upon at that time was to create a refuge area in the street, allowing a driver to come out halfway into the street to check for traffic. Mr. Edmonston stated that the alternative was implemented in late November of 2000. He stated that several people in the Jasmine Park area complained that it made it more difficult for them to depart their neighborhood. He said others also complained about the new layout. Mr. Edmonston stated that TAC looked at the issue again and studies were performed at the site. Regarding the cars departing from Sandcastle Drive on the south side and the visibility of cars heading south on Marguerite Avenue, Mayor Adams confirmed with Mr. Edmonston that cars can be seen 450 feet up the road or for approximately seven seconds. Mr. Edmonston stated that accident histories were also studied and none were found to involve vehicles leaving the Harbor View Hills South area. He stated that after looking at the issue further, TAC decided that the alternative striping provided for a less desirable condition than was there before and, therefore, recommended that the striping be returned to how it was. He added that TAC also decided that a stop sign was not the appropriate solution. Mayor Adams stated his agreement with staffs recommendation. He noted that the issue of people running stop signs can often mean that the stop sign may not be necessary at that location. He stated that he sees a problem with Volume 54 - Page 75 INDEX Marguerite Avenue Sandcastle Drive Intersection (85) City of Newport Beach City Council Minutes January 23, 2001 INDEX having a four -way stop at Marguerite Avenue and Sandcastle Drive. Mayor Adams asked if anything physically could be done to improve the site distance looking up the hill from Sandcastle Drive. Mr. Edmonston stated that vegetation could be trimmed back, or the tow of the slope could be moved back by use of a retaining wall. Mayor Adams additionally asked if any improvements to the easterly side of the intersection were looked at to allow cars to pull farther into the intersection. Mr. Edmonston stated that it was not looked at because people in the area want the two lanes at that location. Council Member Heffernan stated that the issue is the arrogance of the drivers in the City who are driving faster and through more red lights and stop signs. He noted that the problem will increase as the toll on the San Joaquin Hills corridor increases. He stated that a stop sign should not be disregarded for a location just because the traffic entering the intersection isn't equal from both directions. He also disagreed that people running a stop sign is an indication that the sign is possibly not needed. He suggested that a new standard needs to be set. Ken Russo, President of the Jasmine Park Homeowners Association, stated that the changes to the intersection were made without any consultation or discussion with the Jasmine Park residents. He stated that the community has only one entrance and exit, which is at the Marguerite Avenue and Sandcastle Drive intersection, and they are opposed to the change of narrowing the street from four lanes to two lanes and the addition of a stop sign. Mr. Russo stated that they had not received complaints about the intersection until the changes were made and that a stop sign is not necessary because traffic coming out of Sandcastle Drive is minimal. He added that stop signs generate an increase in traffic noise and many homes are near the area and, in addition, southbound Marguerite Avenue is a fairly steep hill making a stop difficult. Robert Curci stated that he has noticed increased traffic on Marguerite Avenue over the last several years. He stated that the traffic accident records don't show the many near misses that have occurred at the intersection. At the TAC meeting of June 14, 2000, TAC acknowledged that safety concerns exist at the intersection and their recommendation to redesign the striping was unanimously approved by the City Council. He stated that it was also agreed that the issue would be revisited and a stop sign would be considered if the redesign didn't solve the problem. Mr. Curci stated that he concurs with TAC's recent recommendation to revise the striping back to its previous design because it did not solve the problem. He stated that staff concluded in a memorandum dated July 11, 2000, that there was an obstruction of view making it unsafe for drivers turning left out of Sandcastle Drive. Mr. Curci stated that going back to the original design doesn't provide a solution for the original problem. He requested the City Council's support for a stop sign at the intersection. Mike Sinacori, 617 Poinsettia, stated that he has witnessed many near misses at the intersection. He stated that everyone seems to be in agreement that the striping should be changed back to the way it was. In regards to the stop sign, Mr. Sinacori stated that he thinks residents of both Volume 54 - Page 76 City of Newport Beach City Council Minutes January 23, 2001 II UO�4 Jasmine Park and Harbor View Hills will be annoyed by the addition of a stop sign. Mayor Pro Tem Ridgeway asked Mr. Sinacori his opinion on the speed of the traffic traveling southbound on Marguerite Avenue. Mr. Sinacori stated that he applies his vehicle brakes at Harbor View and that there is rarely anyone coming out of Sandcastle Drive. He guessed that vehicles travel about 40 miles per hour at that point. Mayor Pro Tem Ridgeway asked about a stop sign at Harbor View. Mr. Sinacori stated that the community supported the Greenlight initiative, which is trying to keep traffic moving. He didn't agree with adding a stop sign to an area that doesn't need one. Council Member Bromberg asked Mr. Sinacori if the problem at the intersection was continuous, or if it was a rush hour problem. Mr. Sinacori stated that, from his experience, it appears to be a peak hour problem for a few residents that depart from Harbor View. He stated that these residents also have an alternate way to depart their neighborhood. Council Member Proctor stated his understanding that a problem was identified and a solution was enacted, but it didn't solve the problem. He asked for a brief explanation of how the determination was made to recommend that the intersection be changed back to the way it was. Mr. Edmonston stated that the Public Works Department has never stated that the intersection is unsafe. He stated that the recommended solution was a sincere attempt by staff to try to improve a situation and not suggesting that it was unsafe, but recognizing that it could possibly be made better. Council Member Proctor stated that he is prepared to support the staffs recommendation. Council Member O'Neil stated that the intersection is partly in his district, District 6, and partly in Council Member Heffernan's district, District 7. He stated that both he and Council Member Heffernan have reviewed the situation and understand that it's a problem that may not have a solution, although an attempt was made. He agreed that the intersection needs to be restriped to the way it was, and felt that everyone was in agreement on that issue. He pointed out that the only outstanding issue seems to be the addition of a stop sign at the intersection. He stated that stop signs that aren't properly placed cause disobedience. Council Member O'Neil stated, however, that since there isn't concurrence on the issue, maybe a stop sign should be placed at the intersection on a trial basis. He also agreed with Mayor Adams that improving the site distance at the intersection would be helpful, but he didn't feel that it would help in all directions. Motion by Council Member O'Neil to direct staff to revise the striping on Marguerite Avenue between Harbor View Drive and Fifth Avenue back to its previous design (two lanes in each direction and separate left -turn lanes); to install stop signs on Marguerite Avenue at Sandcastle Drive on a trial basis; and to look into modifying the bluff on the north side of Harbor View Hills south project. City Manager Bludau stated that staff would have some concerns about Volume 54 - Page 77 City of Newport Beach City Council Minutes January 23, 2001 INDEX installing a stop sign on a trial basis, because drivers come to rely on the stop sign and if it's removed, it could cause a problem. Mayor Adams stated that he is opposed to installing a stop sign on a trial basis as well. He stated that it shouldn't be done and added that traffic controls are serious business. He stated that leaving the intersection may be uncomfortable for some people, but they do have an alternative and there hasn't been an accident problem. Mayor Adams stated that he would prefer to see the site line issue addressed first. He stated that there may be other ideas. Substitute Motion by Mayor Adams to direct staff to revise the striping on Marguerite Avenue between Harbor View Drive and Fifth Avenue back to its previous design (two lanes in each direction and separate left -turn lanes); to deny the request to install stop signs on Marguerite Avenue at Sandcastle Drive; and to direct staff to look into other alternatives to improve the site line distance and increase awareness of the speed limit. Mayor Pro Tem Ridgeway agreed with the motion and stated that he feels the issue is more of a problem with speed and site line, rather than deciding whether to have a stop sign. Council Member Glover asked if the temporary stop signs that were placed in the Newport Heights area during recent street maintenance would be the same that would be used at the Marguerite Avenue and Sandcastle Drive intersection. Mr. Edmonston stated that the sandwich board signs are appropriate for construction zone areas, but a standard installation would be needed for the proposed trial at Marguerite Avenue and Sandcastle Drive. In response to Council Member Glover's question, Council Member O'Neil suggested that the trial period could last for six months. In response to the same question, Council Member Heffernan stated his understanding of the logic for not wanting to use a sandwich board sign for the trial period. He stated that the issue is one of speed and it would be nice to know how fast cars are traveling down Marguerite Avenue. He stated that he'd like to know this first, since there doesn't seem to be support for a trial stop sign. In response to Council Member Glover's question, City Manager Bludau stated that a traffic study could be done to determine the speed of the vehicles in that area. Mayor Adams revised his motion to include direction to staff to provide speed study information to the City Council. Council Member Bromberg suggested that the equipment that records and displays driver's speeds could possibly be used. Mr. Curci stated that if the site line difference would be addressed, a stop sign may not necessarily be needed. Council Member O'Neil withdrew his motion Volume 54 - Page 78 City of Newport Beach City Council Minutes January 23, 2001 City Manager Bludau confirmed with Mayor Adams that his motion would be requesting that staff look at other alternatives to improve the site line distance and to provide speed study information to the City Council as soon as possible. The revised substitute motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Mayor Adams Noes: Heffernan Abstain: None Absent: None 20. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES, THE AVIATION COMMITTEE AND THE MAYOR'S APPOINTMENTS TO THE HARBOR COMMITTEE. Due to the recent revision to the policy for making appointments to the Environmental Quality Affairs Citizens Affairs Committee (EQAC), Mayor Adams suggested that the City Council's appointments not be made until after EQAC's appointments are received by the City Council. Motion by Mayor Adams to confirm the following nominations. During the nominations, Mayor Adams explained that appointments not made would mean that the person currently filling the position would continue to serve until an appointment is made. Environmental Quality Affairs Citizens Affairs Committee (District 1) Mayor Pro Tem Ridgeway's appointment of To be Determined (District 2) Council Member Proctor's appointment of To be Determined (District 3) Council Member Glover's appointment of To be Determined (District 4) Mayor Adams' appointment of To be Determined (District 5) Council Member Bromberg's appointment of To be Determined (District 6) Council Member O'Neil's appointment of To be Determined (District 7) Council Member Heffernan's appointment of To be Determined Harbor Quality Citizens Affairs Committee (District 1) Mayor Pro Tem Ridgeway's appointment of Nancy Gardner (District 2) Council Member Proctor's appointment of To be Determined Volume 54 - Page 79 INDEX Committee Appointments (24) City of Newport Beach City Council Minutes January 23, 2001 INDEX (District 3) Council Member Glover's appointment of George Drayton (District 4) Mayor Adams' appointment of Bud Frenzel (District 5) Council Member Bromberg's appointment of Tom Houston (District 6) Council Member O'Neil's appointment of To be Determined (District 7) Council Member Heffernan's appointment of To be Determined Vice Chair To be Determined (appointed by Mayor) Harbor Committee Mayor Adams' reappointment of Mike Whitehead, Darryl Lundrum, John Corrough, Lee Sutherland, Gary Hill, Tim Collins, Clive Towndrow, Seymour Beek, Tom Houston, Mark Sites, Dave New, Bill Mountford and Ralph Rodheim. Aviation Committee (District 1) Mayor Pro Tem Ridgeway's appointment of Robert Shepherd and Pete Drummond (alternate) (District 2) Council Member Proctor's appointment of Dan Gilliland and Timothy Brown (alternate) (District 3) Council Member Glover's appointment of Tom Anderson and Sue Hogan (alternate) (District 4) Mayor Adams' appointment of Richard Taylor and Mike Bigi (alternate) (District 5) Council Member Bromberg's appointment of Lee Sutherland and John Cunningham (alternate) (District 6) Council Member O'Neil's appointment of Bill Lusk and Bonnie O'Neil (alternate) (District 7) Council Member Heffernan's appointment of Chuck Colesworthy and To be Determined (alternate) Vice Chair To be Determined (appointed by Mayor) The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: Proctor Abstain: None Absent: None At the request of Council Member Proctor and the approval of Mayor Adams, Volume 54 - Page 80 City of Newport Beach City Council Minutes January 23, 2001 a revote was cast. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None Mayor Pro Tem Ridgeway requested that all members of the Harbor Quality Citizens Affairs Committee be present at the next Committee meeting. - None. ADJOURNMENT - at 9:45 p.m. in the memory of Leslie J. Steffensen, to the City Council/Staff Retreat on January 27, 2001, at 8:30 a.rrL at the Radisson, 4545 MacArthur Blvd. *atttttaax * + +taxxxxtaxaat *attar The agenda for the Regular Meeting was posted on January 17, 2001, at 3:55 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 January 19, 2001, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. t City Clerk Recording Secr y Mayor Volume 54 - Page 81 INDEX