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HomeMy WebLinkAbout04/09/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 9, 2002 - 7:00 p.m. STUDY SESSION - 4:00 p.m lWi00►/ CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None. C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Adams. E. INVOCATION - Reverend Lloyd H. Sellers, Hoag Memorial Hospital Presbyterian. F. General Plan Update Neighborhood Workshops Announcement. Mayor Ridgeway announced that the workshop for District 4 will be held on April 10 from 7:00 p.m. to 9:00 p.m., and the workshop for District 3 will be held on April 11 from 7:00 p.m. to 10:00 p.m. He reported that both workshops are being held at Newport Harbor High School, the website is www.nbvision2025.com, and kits for the neighborhood workshops can be obtained by calling (949) 644.3238. Presentation of Proclamation for National Library Week Rediscover America Q Your Library. Library Board of Trustees Chairman Bartolic accepted the proclamation and thanked Council and the citizens of the City for their continued support. Proclamation to Elmer Bernstein. Mayor Ridgeway announced that the City will serve as host to the Third Annual Newport Beach Film Festival from April 11 to April 19. He read the proclamation honoring music composer Elmer Bernstein and stated that he will be presenting this to him on Sunday, April 14. Youth Council Presentation. Youth Council Members Meera Shukla, Warren Shaeffer, and Aaron Israel utilized a PowerPoint presentation to highlight the role, history, goals, and activities of the Youth Council. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Volume 55 - Page 102 City of Newport Beach City Council Minutes April 9, 2002 Council Member Heffernan requested a study session item to discuss the cable right -of -way policy to address the upcoming third generation cellular phones and whether the City is going to be a landlord for what could be a lucrative income source. Council Member Heffernan requested information about pier permits and whether they are at market rates. He stated that this issue can be deferred from becoming an agenda item so that the Harbor Commission can address it. Mayor Pro Tern Bromberg announced that the American Cancer Society has selected Newport Beach as one of the cities to host the annual 24 -hour Relay for Life. He indicated that the event will be held at Newport Harbor High School on May 17 at 7:00 p.m. He stated that the City Manager is the Co- Chair of the event and has put together a team of 19 City employees. Mayor Pro Tern Bromberg indicated that he has a team of nine people so far. He noted that people can call the City Manager's office at 644 -3000 for more information. Council Member Adams stated that the updated lists that the City Clerk's office provides is on the internet and that, in lieu of providing an updated committee list every other week, the City Clerk should send Council an email to let them know that the list has been updated on the internet. He believed that this could also turn into a Citywide paper reduction effort in which they look at getting rid of some of the hard copies, like the Municipal Codes, and rely more on the investment the City has made in the digital age. He indicated that, since this would be a change in how the City does things, it may be appropriate to discuss this at a study session. Mayor Ridgeway acknowledged the Community Services Department for being the sponsor and mentor to the Youth Council. He specifically recognized Andrea McGuire, Darin Loughrey, and Sean Levin. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 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. 3. PROPOSED AMENDMENTS TO MUNICIPAL CODE 2.20: EMERGENCY SERVICES ORDINANCE. Introduce Ordinance No. 2002 -8 and pass to second reading on April 23, 2002. ORDINANCES FOR ADOPTION 4. CAMCO PACIFIC CONSTRUCTION COMPANY (PA2001 -157) — 1811 QUAIL STREET — RE- ADOPTION OF A PLANNED COMMUNITY DEVELOPMENT TEXT AMENDMENT TO NEWPORT PLACE PLANNED COMMUNITY BLOCK G & H, PERMITTING A 1,590 NET SQUARE FOOT ADDITION TO AN EXISTING OFFICE BUILDING Volume 55 - Page 103 INDEX Ord 2002 -8 Emergency Services (41) Ord 2002 -6 GPA 2001 -004 PA 2001 -157 Cameo Pacific/ 1811 Quail Street City of Newport Beach City Council Minutes April 9, 2002 LOCATED AT 1811 QUAIL STREET. Adopt Ordinance No. 2002 -6 approving Planned Community Development Text Amendment 2001.002. 5. PACIFIC REPUBLIC CAPITAL OFFICE BUILDING (PA2001 -161) — 1150 GRANVILLE DRIVE — ADOPTION OF RESOLUTION NO. 2002 -27 FOR SITE PLAN REVIEW NO. 2002 -001 AND MODIFICATION PERMIT NO. 2002 -029 FOR AN 8,000 SQUARE FOOT PROFESSIONAL OFFICE BUILDING APPROVED ON MARCH 26, 2002; AND ADOPTION OF ORDINANCE NO. 2002 -7 APPROVING CODE AMENDMENT 2001 -003. 1) Adopt Resolution No. 2002.27 to approve Site Plan Review No. 2002 -001 and Modification Permit No. 2002.029; and 2) adopt Ordinance No. 2002 -7 approving Code Amendment 2001 -003. RESOLUTIONS FOR ADOPTION 6. GENERAL PLAN UPDATE FISCAL & ECONOMIC STUDIES: AUTHORIZATION OF EXAMINATION OF SALES AND USE TAX RECORDS. Approve Resolution No. 2002 -28 authorizing examination by ADE of sales and use tax records for use in preparation of fiscal and economic studies related to the update of the City's General Plan. 7. Removed at the request of an audience member. CONTRACTS AND AGREEMENTS 8. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH URBAN CROSSROADS, INC., FOR TRAFFIC MODEL UPDATE SERVICES. 1) Approve the Professional Services Agreement for Traffic Model Update Services with Urban Crossroads, Inc., of Irvine, California, at a contract price of $189,585 for the project; 2) authorize the Mayor and City Clerk to execute the Agreement; and 3) authorize the Public Works Director to proceed with Phases I, II, and III of the Traffic Model Update. 9. COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET. Continued to the April 23, 2002, Council meeting. 10. PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROAD STREET REHABILITATION FROM BISON AVENUE TO UNIVERSITY DRIVE. Approve a Professional Services Agreement with Dewan, Lundin & Associates for professional engineering services for a contract price of $40,418. 11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RIVERTECH, INC., FOR MORNING CANYON DRAINAGE STUDY AND RESTORATION ANALYSIS. Approve a Professional Services Agreement with Rivertech, Inc., of Laguna Hills, California, for preparation of the Morning Canyon Drainage Study at a contract price of $38,270 and authorize the Mayor and City Clerk to execute the Agreement. 12. Removed at the request of an audience member. Volume 55 - Page 104 INDEX (45) Ord 2002 -7 Res 2002 -27 GPA 2001 -003 PA 2001 -161 Pacific Republic Capital/ 1150 Granville Drive (45) C- 3521/Res 2002.28 General Plan Update Fiscal & Economic Studies (38) C -3524 Traffic Model Update Services (38) C -3459 Jamboree Road Median Landscaping (38) C -3525 Jamboree Road Street Rehabilitation (38) C -3517 Morning Canyon Drainage and Restoration Analysis (38) City of Newport Beach City Council Minutes April 9, 2002 INDEX MISCELLANEOUS ACTIONS 13. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL AQMD BA -037 SUBVENTION FUNDS FOR ELECTRIC VEHICLE PROGRAM. Electric Vehicle Approve a budget amendment (BA -037) in the amount of $58,438 from the Program AQMD Subvention Fund unappropriated balance to fund lease costs (40/44) associated with the Electric Vehicle Program. S20. Removed at the request of Mayor Ridgeway. S21. Removed at the request of Mayor Ridgeway. Motion by Mayor Pro Tern Brombere to approve the Consent Calendar, except for those items removed (1, 7, 12, S20, and S21), and noting the continuation of Item No. 9. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 26, 2002. Jim Hildreth, 120 The Grand Canal, referenced volume 55, page 76, and stated that he wants to make sure that the letter he presented is on file. He believed that his statements relative to the four accomplishments about City Manager Bludau, paying his salary from dock rental revenue, and a reference to a March 22, 2002, Daily Pilot article should be included in the minutes. He also noted that his public comments (page 80) were shortened, his objections were not listed, and that he would have read the last paragraph of his letter if he had more time. Regarding page 89, he stated that he also indicated that he was not giving up his rights then or at any Council meeting to speak publicly. He added that his statement should be reworded to reflect that the drivers do not know where they are going down the road, are getting lost, and do not realize that they can make a turn at the end of the street. Further, drivers should be trained to drive the buses and know where they are going. Motion by Council Member Glover to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: Proctor Absent: None 7. CITY ATTORNEY EMPLOYMENT AGREEMENT — PROPOSED C- 3003/Res 2002 -29 MODIFICATION TO COMPENSATION. City Attorney Compensation (38) Volume 55 - Page 105 City of Newport Beach City Council Minutes April 9, 2002 Jim Hildreth, 120 The Grand Canal, noted that the City Attorney is getting a 6% raise, which is still less than the City Manager's pay. He believed that the City Attorney has done a great service to the community by saving them from litigation. He also noted that the City Attorney is getting less for physical exams than the City Manager. Motion by Council Member O'Neil to adopt Resolution No. 2002.29 adjusting the compensation of the City Attorney. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 12. PROJECT STATUS & APPROVAL OF AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR THE BALBOA VILLAGE IMPROVEMENT PROJECT. Jan Vandersloot, 2221 E. 16th Street, stated that he is a member of the Stop Polluting Our Newport (SPON) tree committee. He believed that this is an opportunity for Council to review the tree situation on Main Street and possibly vote to preserve or retain as many of the 25 trees as possible. Mayor Ridgeway noted that the issue before Council is for an amendment to a contract. Mr. Vandersloot believed that his comments are relevant since Council is talking about the planning and design for Phase 2. Council Member Adams noted that this will be taken up by the Parks, Beaches & Recreation Commission (PB &R) and needs to go through the proper process. City Manager Bludau reported that this issue would only come before Council if it is appealed. He confirmed that, pursuant to the G -1 Policy, PB &R is the entity that looks at protected trees on the list and noted that some of the ficus trees are on the list. Dr. Vandersloot stated that the ficus trees are on the special tree list which has certain protections that are not present in the project. Noting that citizens cannot appeal a PB &R decision as of the last G -1 Policy update, he believed that it is appropriate for citizens to comment when the issue is before Council. Dr. Vandersloot pointed out that special City trees have a different policy than all other City trees. He reported that the section about special City trees states that special trees shall be retained unless there are overriding problems, such as death, disease, or the creation of a hazardous situation which requires their removal. However, he believed that this is not appropriate in this case and that the City is following the "all other City trees" section. He indicated that Arborist Alden Kelly is also in attendance tonight to address whether the trees can be modified so they can be retained in the improvements. Dr. Vandersloot requested that Council change their decision and preserve as many or all of the trees as possible. Mr. Bludau reported that the G -1 Policy specifically gives the initial determination relative to special tree removals to PB &R and stated that anyone who wants to present evidence has the opportunity to do so before PB &R. He indicated that their decision is final or can be called up by Council. Volume 55 - Page 106 INDEX C- 3333 -D BA -038 Balboa Village Improvement Project (38/40) City of Newport Beach City Council Minutes April 9, 2002 Motion by Council Member O'Neil to 1) approve Amendment No. 6 to the Professional Services Agreement with Psomas for the Balboa Village Improvement Project in the amount of $91,215 (the amendment supplements the Phase 1 construction services budget and provides a design budget to revise the construction and bid documents for Phase 2; and also provides for a time extension to the agreement); 2) authorize the Mayor and City Clerk to execute Amendment No. 6; and 3) approve a budget amendment (BA -038) approving the transfer of funds in the amount of $12,179 from Account No. 7181- C5100070 to Account No. 7181- C5100543. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Abstain: Adams Absent: None S20. RESOLUTION ACCEPTING FUNDS FROM THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SANTA ANA REGION AND ESTABLISHING THE NEWPORT BAY MAINTENANCE DREDGING AND TOTAL MAXIMUM DAILY LOAD COMPLIANCE ACCOUNT. Assistant City Manager Kiff reported that the resolution authorizes the City to accept a $3.8 million grant from the Regional Water Quality Control Board for long term dredging. Mayor Ridgeway noted that Council received the recommended amendments to the resolution. He stated that he is the Chair and Mayor Pro Tem Bromberg is the Vice Chair of the Coastal/Bay Water Quality Citizens Advisory Committee and that they are recommending that the name of the account be changed to the Robinson - Skinner Annuity in honor of Frank and Fran Robinson and Jack and Nancy Skinner who have been vigilant about Back Bay and clean water issues. Mayor Pro Tom Bromberg noted that Jack and Nancy Skinner attend the Coastal/Bay meetings and that the amount of knowledge he has gained from them is incredible. Nancy Skinner, 1724 Highland Drive, stated that she read the revised resolution and believed that the amendments are excellent. However, she indicated that, if Council is inclined to deny the resolution based on the proposed name, she wants them to think of a different name. She thanked Council for the honor and stated that they are very humbled by it. Jack Skinner, 1724 Highland Drive, stated that he serves as the environmental representative on the Newport Bay Watershed Management Committee. He expressed his support for the revised resolution and thanked Regional Board Executive Officer Gerald Thibeault, Ken Theisen of the Regional Board, Tom Rossmiller of the County, and Assistant City Manager ME He believed that the annuity will discourage the State from using the funds to pay off current or future budget deficits, and noted that the Army Corp of Engineers requires that the participants provide assurances that they will provide for the long term maintenance of the restored areas of Upper Newport Bay. He stated that, when the Corp presents their budget request for over $32 million to Congress, the support from communities will reinforce the commitment that is needed to back up the Corp's request. Volume 55 - Page 107 INDEX Res 2002 -31 Newport Bay/ Robinson - Skinner Annuity (51) City of Newport Beach City Council Minutes April 9, 2002 Mayor Ridgeway stated that the Skinners are an indispensable resource for the clean water that the City is heading towards. He added that this is also true for the Robinsons who established the Back Bay Regional Park. Motion by Council Member Glover to adopt amended Resolution No. 2002 -31 accepting up to $3,800,000 from the Regional Board and establishing the Robinson - Skinner Annuity. City Manager Bludau pointed out that the Regional Board received the $3.8 million from the Trader Oil Spill and saw fit to let the City oversee the money and its use which will be going toward the Upper Bay. He stated that this is happening at a time in which cities and regional boards are at odds throughout the State. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None S21. MARINE STUDIES CENTER (SHELLMAKER ISLAND) - MEMORANDUM OF AGREEMENT AND RECEIPT OF FUNDS. Regarding the scope of work (Exhibit A, Item 1), Mayor Ridgeway noted that it limits the tidepools to inside the 22,000 square foot building; however, in other places in California, like Monterey and the Long Beach Aquarium, they have outdoor and indoor tidepools. He suggested that the scope of work include both outdoor and indoor tidepools. City Attorney Burnham stated that they have had discussions with the Department of Fish and Game's (DFG) staff who may require that the City enter into a formal contract, rather than a Memorandum of Agreement, in order to access the Federal fund money to proceed with the project. Further, they want the City to prepare a timeline which will be added to the scope of work budget. Motion by Mayor Pro Tem Bromberg to 1) authorize the City Manager to execute a contract with the Department of Fish and Game, including an estimated budget and an amended scope of work; and 2) authorize the acceptance of $1,000,000 from the California Department of Fish and Game for the purposes described in the contract. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Bonita Young, 1280 Bison, stated that she was the girlfriend of the late Gary Holdren, the inline skater from the Back Bay accident. She indicated Volume 55 - Page 108 INDEX C -3460 Marine Studies Center/ Shellmaker Island (38) City of Newport Beach City Council Minutes April 9, 2002 INDEX that, since the coroner's report, many questions have remained unanswered but they have private investigators looking into the matter. She pointed out that the one issue that still remains is that kids are throwing things off the Bluffs and causing vandalism in the area. She stated that she knows this because she canvassed the area and received over 100 emails and 75 phone calls from people who tell her that kids are paintballing in the front yards and hitting cars and homes; throwing softballs, tennis balls, and rocks at the Corona del Mar High School track team; and freezing paintballs to kill the ducks. She stated that some of the retired people do not want to come forward for risk of retaliation to their homes and property. Ms. Young indicated that it is extremely easy to buy a paintball gun at Walmart and Kmart. She reported that the stores only require that the person be over 18 years old and added that they don't even ask for their name or phone number. She stated that the Back Bay area is beautiful, but what happened to her boyfriend is tragic. She expressed hope that this area can become safer. Pam Nestande stated that she is the Chair of the Newport Beach Spring Antiques Show which is a charitable event put on the by the Lido Isle Women's Charitable Foundation. She indicated that they are supporting ten charities this year. She stated that the event will be held April 12 to April 14, 2002, at the Newport Dunes Waterfront Pavilion with over 50 dealers and three lectures. She invited Council and everyone in the City to attend the event and stated that people can call (949) 451 -4546 for more information and tickets. She reported that the tickets are $12 and that this is the only money which goes toward the charities. Linda Duffy expressed concern relative to the joint use library that is being proposed next to Mariners Elementary School. She believed that there is some risk in putting a public library close to an elementary school. She reported that, with the American Library's current lawsuit to eliminate all internet filtering in libraries and the repeal of the Children's Internet Protection Act, pornography is accessible in the libraries. Ms. Duffy added that, with public access to the libraries, convicted sex offenders who have served their sentence have the right to access the libraries every day they are open, including school days. She noted that the Daily Pilot wrote a few months ago that there were nine sex offenders in Newport Beach, 54 in Costa Mesa, and over 60,000 in the State who are on parole or in prison. She stated that there will be a lot of security issues with having a public library that gives pedophiles an excuse to be within 50 yards of children every school day. She stated that this needs to be explored fully before the library moves forward. Mayor Ridgeway stated that he attended a joint meeting with the Newport - Mesa Unified School District. He reported that the joint use library will be designed to have a separate entrance and library for the students, and added that they will never mix with the public. Cage Morgan, 110''% Opal Avenue, eighth grader and Boy Scout in Troup 746, stated that he proposes that the City build a skateboard park for all the local skateboarders. He believed this would be good for skateboarders and property owners because of the toll skateboarding takes on ledges and properties. He added that this would also greatly reduce property damage to public and private buildings because kids would rather skate at a skateboard park than in front of buildings. He added that a skateboard park would also allow the City to save the money that would have been Volume 55 - Page 109 City of Newport Beach City Council Minutes April 9, 2002 INDEX spent on skate - stoppers. Further, it would give kids a place to go and something to do after school which could prevent drug abuse and destructive behavior. Aaron Israel, 2104 Fuentes, stated that he is a student at Corona del Mar High School where a number of students are paintballers. He indicated that they feel the paintball incident was a tragedy and that everyone was saddened when they found out that the gentleman died. However, the conversation was still about weekend paintballing during the breaks. He stated that his friends and others paintball and take it very seriously, using fully automatic weapons with extended magazines. He believed that this is dangerous, especially when taken outside authorized locations in which security can handle attacks. He expressed the opinion that greater restrictions on who can possess and use paintball guns in the City should be imposed. He stated that he is not a paintballer. In response to Council questions, Mr. Israel indicated that his friends go to a park where paintballing is permitted; however, as Student Court Chief Justice at his school, he is aware of people who do not use the parks to go paintballing. He stated that, if he had knowledge of who was doing this, he would take a stance against it. He indicated that no one at his school has been suspended or removed from school over a paintball incident on campus; however, there was a rumor a month ago that a paintball was fired into a classroom. He noted that his court does not deal with suspensions, so he is not sure if those students were suspended or not. Mayor Ridgeway clarified that the autopsy indicated no evidence that the victim was hit with a paintball. Brett Hanrahan, 1484 Port Seabourne Way, stated that he is in Troop 746 and is the leader of his patrol. He indicated that most of the kids feel it is silly to ban skateboards, rollerblades, etc. from certain areas. He added that they understand why go -peds were banned, but not the others. He noted that most parks, schools, Fashion Island, and churches have banned these transportation vehicles. He stated that he understands why this was done at churches and Fashion Island; however, he cannot understand why they are banned at parks and schools if kids are just riding through and not tearing the place up or endangering people. He expressed the opinion that, if they are going to be banned, the City should build more skate parks so kids have a place to ride. Trevor Swinney, 2029 Port Bristol Circle, Boy Scout in Troup 746, believed that the City should build a skateboard park because it would be good for the kids around Newport Beach. He noted that kids mostly skateboard around schools and parks which is not allowed. He added that both the City and parents would not have to worry if there was a place skateboards were allowed to have fun in and enjoy skateboarding without getting in trouble or hurting public property. He stated that they could skateboard near Palace Park, but they still have to pay to get in. Further, it is too small and too far away. He believed that kids would be close and ride to the skate park if it were built near housing communities. He noted that there are a lot of baseball and soccer fields, but those sports are not always in season; however, kids like to rollerblade and skateboard year-round. Mayor Ridgeway stated that the City Manager has been instructed to talk to the Costa Mesa City Manager and look at a joint use facility in a commercial Volume 55 - Page 110 City of Newport Beach City Council Minutes April 9, 2002 INDEX area. He noted that a skateboard park would probably never residential area. John Packer, 1951 Port Weybridge, Troop 746 Scoutmaster, stated that most of his Scouts are from the City. He reported that they are finishing up their Citizenship in the Community Merit Badge and one of the requirements was to write a mock letter to the Mayor. He stated that he reviewed most of the letters and noted that they mainly complained about the lack of skateboarding areas. He stated that he surveyed his scouts and found that basketball and skateboarding are their favorite sports. Council Member Heffernan stated that many of the Scouts are from the Port Streets and noted that the skateboarding signs have come down because the City determined that they should not have been erected. He reported that skateboarding is allowed through Buffalo Bills Park and San Miguel Park. Russell Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that he is President of the New Millennium Group who is sponsoring and promoting an alternative airport at El Toro. He indicated that the Reasonable Airport, Park and Nature Preserve Initiative is currently on the street and reported that they are collecting the 72,000 signatures needed to qualify for the November ballot. He encouraged residents to participate in their campaign and indicated that there is no negative impact to the City by the proposed flight paths. He stated that the initiative and exhibits are on their website (www.ocxeltoro.coml. He believed that the City and County have promoted a flawed airport plan for six years and stood behind it because it was the County- sponsored plan. He emphasized that the benefit of the initiative is that it limits John Wayne Airport from expansion. He asked that, instead of spreading negative comments and misinformation, Council stay silent if they do not know the facts about the plan. Dolores Otting believed that there is no better city than Newport Beach and commended City staff for working hard every day. Noting that there is a closed session prior to almost every meeting, she referenced a printout from the League of California Cities website which states that, if an action is taken following a closed session, a legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. Further, the timing and content of the report varies according to the reason for the closed session and announcements may be made at the site of the closed session so long as the public is allowed to be present to hear them. She believed that there has not been very many reports and that she cannot remember seeing a vote. City Attorney Burnham stated that he can guarantee that Council has orally reported any decision made in closed session that the Brown Act required them to report. Jim Hildreth, 120 The Grand Canal, stated that he has yet to receive a signed "For Review and Signature" which was dated March 12, 2002, from the City and presented another copy. He referenced the January 8, 2002, minutes (volume 54, page 660) and noted that there is no Harbor Resources Manager. He stated that he sent a letter to Tony Melum, Division Manager of the Harbor Resources Department, but received an unsigned letter back which indicates that Mr. Melum is the Director of Harbor Resources. He noted that this letter also states that there will be no access. He reported that a November 9, 1999, letter indicates that the City was constructing steps down, but did not state that he or his family were the only ones using the ladder. He noted that former Public Works Director Webb and current Volume 55 - Page 111 City of Newport Beach City Council Minutes April 9, 2002 Public Works Director Badum know that the Americans with Disabilities Act (ADA), Title 2, affects the City. He added that City Manager Bludau told him that he is not insured for the use of the ladder. He believed that the ladder was not designed for him, therefore, the City has made an attempt to allow public access. He utilized enlarged photos and stated that he believes that the structure that was removed was a feasible access structure, and that the ladder did not meet the codes. The letters he presented are on file in the City Clerk's office. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR APRIL 4, 2002. Assistant City Manager Wood reported that the Wine Gallery's request was approved to allow wine tasting and education, as well as the existing retail store. Ms. Wood reported that the Pacific Bay Homes project (One Ford Road) requested an amendment to the Planned Community (PC) Development Text to allow full kitchens in the guest cottages which would make them similar to second units. She stated that some of the Commissioners thought this was a policy issue that would have Citywide implications and expressed concern about enforcement restrictions to prevent the units from being occupied by a second household. She indicated that the Commission denied the request by a 4 -2 -1 vote. She noted that this can be appealed by the applicant or called up by Council. Ms. Wood stated that the Commission considered a request for a variance and modification for a new house at 201 Apolena Avenue. She reported that the Commission granted the variance for the floor area, noting that the lot had been reoriented and was being penalized in the amount of allowed floor area because of the setbacks. She stated that, for this reason, the Commission made the findings for the variance. She reported that, since there was some concern over the setback modification, the Commission referred this to the Modifications Committee rather than have them redesign the project. In response to Council Member Glover's questions regarding the One Ford Road project, Ms. Wood reported that Pacific Bay Homes still owns 11 of the lots that are allowed to have guest cottages, but now they want to install full kitchens. She noted that this would make them independent dwelling units. She reported that some of the houses have the ability to have guest houses, but without full kitchens. Council Member Glover stated that she thought there were only one or two places in the City that were allowed to do this and that she was not aware that the City was allowing this again. Ms. Wood noted that granny units are allowed in some parts of the City; however, this PC only allows certain houses to have a guest cottage consisting of just a bedroom and bathing facility. She stated that the requested change would convert them more into granny flats. City Attorney Burnham noted that there is no age restriction on any of the guest suites or cottages. Council Member Glover stated that, when people came before Council years ago, it was based on square footage of the property versus the dwelling. Mr. Burnham reported that there are maximum floor area Volume 55 - Page 112 INDEX Planning (68) City of Newport Beach City Council Minutes April 9, 2002 La 91 provisions for granny units, but they are not permitted in all residential districts. Council Member Glover indicated that she was not aware that the City was putting them in any of the new housing developments. Mr. Burnham stated that he also was not aware; however, these guest cottages are specifically permitted in the PC Development Text that was adopted in conjunction with the project. Regarding the Apolena Avenue project, Ms. Wood confirmed for Mayor Pro Tem Bromberg that the project was bifurcated and that the only issue being sent to the Modification Committee relates to the setback. She stated that this will be going to the Committee on April 17, 2002. Mayor Pro Tom Bromberg requested that he be notified of the outcome. Council Member Heffernan asked about the status of the Temple. Ms. Wood reported that the Environmental Quality Affairs Citizens (EQAC) Advisory Committee is going to be discussing the comments on the Notice of Preparation for the Environmental Impact Report (EIR) on April 15, 2002, and the Planning Commission public hearing will be held in July 2002. Motion by Mayor Pro Tern Bromberg to receive and file written report. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None (taken out of order) 16. REVIEW OF THE PLANNING COMMISSION DECISION ON THE VAN CLEVE APPEAL (PA 2002 -002) (contd. from 2/26/02). 17. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002 -0035) ( contd. from 3/26/02). Motion by Council Member O'Neil to continue Item No. 16 indefinitely and continue Item No. 17 to the May 14, 2002, Council meeting. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None PUBLIC HEARING 15. REVIEW, APPROVAL AND SUBMISSION OF THE FY 2002 -2003 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Volume 55 - Page 113 INDEX PA2002- 002/Van Cleve Appeal/213 Coral (68) N2002 -0035 Structural Encroachments/ 2100 W Ocean Front (65) FY 2002 -2003 CDBG One -Year Action Plan (87) City of Newport Beach City Council Minutes April 9, 2002 Associate Planner Trimble stated that this is a follow -up to the March 26, 2002, meeting. He reported that the total grant for the upcoming year is $490,000 ($73,500 for public service grants, $98,000 for administration, and $318,500 for public facilities improvements). He noted that $153,000 of the $318,500 will be budgeted to repay the Section 108 grant for the Balboa Village Improvement Project. He indicated that, if approved, staff will finalize the Action Plan and send it to HUD by April 15, 2002. He thanked Consultant Rudy Munoz of LDN Associates for his assistance. In response to Mayor Ridgeway's question regarding the 100 unit senior housing project (handwritten page 19), Mr. Trimble reported that this is an existing project at Seaview Lutheran. Motion by Mayor Pro Tern Brombere to approve the 2002 -2003 One- Year Action Plan. Mayor Ridgeway opened the public hearing. Hearing no public testimony, he closed the public hearing. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None O. CONTINUED BUSINESS 18. HARBOR COMMISSION APPOINTMENTS. Mayor Pro Tem Bromberg reported that, considering how much of the City's business and activity is centered around the Harbor, the City will soon have seven people on the Harbor Commission who will have authorities similar to the Planning Commission. He indicated that the hard part is voting for only one person in each seat. City Clerk Harkless read the votes, as follows: Council Member Heffernan — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Council Member Proctor — Gregory Ruzicka (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Linda Mongno (Seat No. 7) Council Member Adams — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Volume 55 - Page 114 INDEX Harbor Commission (24) City of Newport Beach City Council Minutes April 9, 2002 Council Member Glover — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Mayor Pro Tem Bromberg — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Jeff Gordon (Seat No. 3); Laura Acocella (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Council Member O'Neil— Timothy Collins (Seat No. 1); Richard Stevens (Seat No. 2); Marshall Duffield (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) Mayor Ridgeway — Timothy Collins (Seat No. 1); John Corrough (Seat No. 2); Jeff Gordon (Seat No. 3); Donald Lawrenz (Seat No. 4); Ralph Rodheim (Seat No. 5); Paulette Pappas (Seat No. 6); and Seymour Beek (Seat No. 7) City Clerk Harkless announced the Harbor Commission appointments of Timothy Collins to Seat No. 1; John Corrough to Seat No. 2; Marshall Duffield to Seat No. 3; Donald Lawrenz to Seat No. 4; Ralph Rodheim to Seat No. 5; Paulette Pappas to Seat No. 6; and Seymour Beek to Seat No. 7. Mayor Ridgeway congratulated the appointees and stated that this was a very qualified group. He expressed his appreciation to them because this is new territory for the City and there is a lot of work to be done. P. CURRENT BUSINESS 19. SOBER LIVING PROGRAM. Motion by Mayor Pro Tem Brombere to adopt Resolution No. 2002 -30 adopting Orange County Adult Alcohol and Drug Sober Living Facilities Certification Guidelines. In response to Council Member Proctor's questions, City Attorney Burnham stated that the relationship between this and any City zoning ordinance is separate. He stated that there is virtually nothing the City can do from a zoning or land use standpoint with respect to sober living facilities that have six or fewer residents, but there may be some things the City can do for facilities that house more than six residents. However, he reported that relatively recent amendments to the Fair Employment Housing Act and other Federal laws have caused most municipal practitioners to exercise extreme caution with respect to any zoning ordinance that singles out a sober living facility or a facility that is designed to house anyone that may be covered by the Americans with Disabilities Act (ADA). He confirmed that the Department of Housing and Urban Development (HUD) can file a lawsuit against the City for massive penalties. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Volume 55 - Page 115 INDEX Res 2002 -30 Orange County Sober Living Program (54) City of Newport Beach City Council Minutes April 9, 2002 Absent: None Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - at 8:50 p.m. in memory of Anne Gronsky. �* xx ,ltt�x� *w�,tx*xx *�xx *�+rtxx�ax The agenda for the Regular Meeting was posted on April 3, 2002, at 2:15 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 5, 2002, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk .A L&, � � U D� Recording Secretary - ik � �, Mayor Volume 55 - Page 116 INDEX