Loading...
HomeMy WebLinkAbout12/09/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 9, 2003 - 7:00 p.m. STUDY SESSION - 4:30 p.m. CLOSED SESSION - 6:00 p.m. INDEX A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Mayor Bromberg E. INVOCATION - The Reverend Richard Menees, Saint James Episcopal Church F. PRESENTATIONS Grand Jury Announcement. Dr. Tom Staple, Foreperson of the Orange County Grand Jury, invited Newport Beach and other Orange County residents to participate in the Orange County Grand Jury. He stated that the Grand Jury is the watchdog of the County with three functions, which include investigating how County agencies perform their duties, determining whether the District Attorney has sufficient evidence to bring a person to trial and investigating allegations of misconduct of public officials. He stated that the Grand Jury is chosen from a group of applicants who have been screened, interviewed and meet the requirements to serve on the Grand Jury. Dr. Staple announced that applications can be received by writing to the Orange County Superior Court, 700 Civic Center Drive West, Room A100, Santa Ana, 92702 -1970; calling 714- 834 -6747; or on the internet at www.occourts.org. Corona Del Mar Centennial Proclamation. Mayor Bromberg presented a proclamation to Bernie Svalstad and Peggy Fort recognizing the Corona del Mar Centennial Foundation and the Corona del Mar Centennial Celebration Committee, and declaring 2004 as the official centennial year for the village of Corona del Mar. Mr. Svalstad, Chairman of the 2004 Corona del Mar Centennial Foundation Board, thanked the City for its support. Ms. Fort, Executive Director, thanked the City for the honor and announced that a number of events are planned, including a community fundraising campaign Volume 56 - Page 548 City of Newport Beach Regular Meeting December 9, 2003 INDEX to support a time capsule monument. She invited the entire community to take part in the centennial celebration. Proclamation for Marge Pantzar. Mayor Bromberg presented a proclamation to Ms. Pantzar's daughter, Terrilee Collins, recognizing and thanking Ms. Pantzar for her 25 years of dedicated service and outstanding contributions to the environment and the City of Newport Beach. Marine Corp. Proclamation. Mayor Bromberg acknowledged Tim Sloat, a former Marine Captain, for putting the program together. Mayor Bromberg explained that the City of Newport Beach is "adopting" the lst Battalion, 1st Marines from Camp Pendleton. He introduced Mr. Sloat, Marine Expeditionary Force Sergeant Major Bill Kinney, Command Master Chief Bob Elliot, Colonel John Toolan, Commanding Officer of the 1st Marine Regiment, Lieutenant Victor Lomiscio from the 15t Battalion lst Marines, and Staff Sergeant Stacy Liebsch. Mayor Bromberg presented the proclamation recognizing and thanking the 15t Battalion, lst Marines for their long, faithful and professional service. Lieutenant Lomiscio read a letter from Lieutenant Colonel Brian Beaudreault addressed to the Mayor, thanking the City and Mr. Sloat for the recognition and honor. Mayor Bromberg expressed his pride in making the presentation. G. REORGANIZATION 1. ELECTION OF MAYOR. Mayor Bromberg thanked his colleagues, the citizens and residents of the City, and staff for their support. He stated that it's been humbling and he's been proud to be the Mayor, and a council member, of a world class city such as Newport Beach. City Clerk Harkless placed all members of the City Council on an equal basis to nominate and elect. She announced that nominations do not require a second, are debatable, and cannot be amended or reconsidered. She stated that a majority vote is required to elect the Mayor. City Clerk Harkless opened the nominations for Mayor. Council Member Webb nominated Council Member Ridgeway. Motion by Council Member Bromberg to close nominations. Council Member Heffernan stated that he would be voting no on the nomination of Council Member Ridgeway as Mayor. He explained that he is doing so on an ethical basis. Brian Clarkson asked for the opportunity to speak on the election of the Mayor, and provided the City Attorney with the section of the Brown Act that addresses when the public has the right to speak on an item. After reviewing the section, City Attorney Burnham agreed with Mr. Clarkson that the public has the right to speak prior to the City Council making its determination on an item. Mr. Clarkson, FreeNewport.com, stated that Newport Beach is one of the few cities that doesn't allow the residents to vote on the selection Volume 56 - Page 549 City of Newport Beach Regular Meeting December 9, 2003 INDEX of the Mayor. Mr. Clarkson asked the City Council not to vote for Council Member Ridgeway as Mayor because he may have violated the Brown Act in rallying support from the other council members prior to the current meeting, is intolerant of many of the City's residents, and has been bought and paid for by real estate money, special interests and out -of- towners. Mr. Clarkson asked the City Council to demand a higher standard for the position of Mayor in Newport Beach and elect a Mayor that everyone can be proud of. City Clerk Harkless announced the votes, as follows: Ayes: Rosansky, Ridgeway, Adams, Webb, Bromberg Noes: Heffernan Abstain: Nichols Absent: None City Clerk Harkless announced that Council Member Ridgeway had been elected as the new Mayor. Mayor Ridgeway took his proper place at the Council table. Mayor Ridgeway thanked Council Member Bromberg for his commitment to the City and, on behalf of the City Council, presented him with a plaque acknowledging his service as Mayor. Mayor Ridgeway stated that he served for six years on the Planning Commission and has been a council member for five years. He mentioned the other committees that he currently serves on and, like the other council members, feels that he successfully provides for the quality of life in the City. In response to the comments made by Mr. Clarkson, Mayor Ridgeway stated that he's proud of the campaign contributions he's received and that they do not represent the right to any favorable treatment. In closing, Mayor Ridgeway thanked the council members for the honor to serve as Mayor, and stated that he will continue his involvement at all levels. 2. ELECTION OF MAYOR PRO TEM. Council Member Bromberg stated that he was intending to nominate Council Member Heffernan, but has learned that he does not wish to serve as Mayor Pro Tem. Council Member Bromberg expressed his disappointment in the decision. Council Member Bromberg nominated Council Member Adams. Council Member Heffernan nominated Council Member Bromberg. Motion by Council Member Webb to close nominations. City Clerk Harkless announced the roll call votes, as follows: Adams: Rosansky, Adams, Webb, Bromberg, Ridgeway Bromberg: Heffernan, Nichols City Clerk Harkless announced that Council Member Adams had been elected as the new Mayor Pro Tem. Mayor Pro Tem Adams took his Volume 56 - Page 550 City of Newport Beach Regular Meeting December 9, 2003 INDEX proper place at the Council table. 3. SEATING ARRANGEMENTS FOR CITY COUNCIL. The council members decided on the seating arrangement of the Council table, with the senior council members having first preference. The following seating order was determined (left to right): Heffernan — Rosansky — Adams — Ridgeway — Bromberg — Webb — Nichols. 4. REMARKS. Mayor Ridgeway stated that the selection process ran differently than it has in the past, but stated that everyone has a right to their opinion and feels that it will ultimately be healthy. H. NOTICE TO THE PUBLIC I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Nichols requested that a future agenda item address the residences in the City that are used for rehabilitation. He specifically requested that the zoning rules, spacing of such facilities and occupancy be included in the report. Council Member Nichols requested that a full list of the houses that Mr. Goetz was a part of be provided to the public. Mayor Ridgeway stated that the City Council did address the rehabilitation facilities in the City at a recent Study Session. City Attorney Burnham added that the City Council has initiated possible amendments to the zoning code dealing with recovery facilities. He stated that the proposed amendments will be addressed at a City Council meeting in approximately 75 to 90 days, and will be accompanied by a clear explanation of what the City Council's authority includes. Council Member Nichols requested that the information be provided to the public prior to the item being brought back to the City Council. Additionally, he requested that if it's legal, he'd also like the addresses of the homes being used to be included. Council Member Webb requested that the City Council be informed of the status of the Mariners' Mile landscaping improvements. He explained that the project seems to have stopped and he'd like to see it completed prior to the holidays, as support of the businesses in the area. Council Member Webb welcomed Boy Scout Troop 746, in attendance at the current meeting. Volume 56 - Page 551 City of Newport Beach Regular Meeting December 9, 2003 INDEX • Council Member Bromberg informed everyone that Tom Hyans, an active City resident, suffered a stroke recently, but is accepting visitors. He encouraged those who are his friends to visit him, as Council Member Bromberg did himself. • Council Member Bromberg announced that the Balboa Island Christmas celebration will be taking place on Saturday, December 13, 2003, from 3:00 p.m. to 6:00 p.m. It will include a tree lighting ceremony, Santa Claus, snow and music. • Council Member Bromberg stated that the recent home tour on Balboa Island was a success. He thanked everyone that participated. • Council Member Bromberg thanked Council Member Heffernan for nominating him for Mayor Pro Tem. He expressed his hope that Council Member Heffernan would run for re- election in 2004 and possibly reconsider serving as Mayor Pro Tem or Mayor in the future. • Mayor Pro Tem Adams stated that the Study Session held earlier in the day included a harbor - related matter. He requested that the Harbor Commission review the appropriateness of the current mooring fees, and that Council Member Heffernan's suggestion to have the Harbor Commission review the status of liveaboards also be addressed. • Mayor Pro Tem Adams requested that an update on the City -wide traffic signal timing program be provided to the City Council. • Council Member Heffernan requested a report on the State's action regarding the vehicle license fee and the effect it may have on the City. • Council Member Heffernan announced that, effective immediately, he is resigning from the General Plan Update Committee and the Airport Sphere Committee. • Council Member Heffernan requested that the Harbor Commission review the City's pier permit fees, and make a recommendation on if they should be changed. • Mayor Ridgeway stated that Tom Hyans is alert, but does tire easily. J. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 5. Item removed from the Consent Calendar by a member of the audience. 6. 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 56 - Page 552 City of Newport Beach Regular Meeting December 9, 2003 INDEX ORDINANCES FOR INTRODUCTION 7. Item removed from the Consent Calendar by Council Member Rosansky. 8. Item removed from the Consent Calendar by Council Member Heffernan. 9. PARK PATROL AUTHORITY TO WRITE ADMINISTRATIVE Ord 2003 -20 CITATIONS. 1) Introduce Ordinance No. 2003 -20, as amended by the Park Patrol/ City Manager, amending Section 1.12.020 of Chapter 1.12 of the Administrative Newport Beach Municipal Code to authorize Park Patrol Officers to Citations issue citations; and 2) pass to second reading on January 13, 2004. (62/70) The amendments made by City Manager Bludau were to Sections F and J. Section F is to read, "The Code and Water Quality Enforcement Supervisor, the Code and Water Quality Enforcement Officers and the Watershed and Water Quality Specialists shall... ". Section J is to read, "...occurring in parking lots servicing parks and other City facilities ". ORDINANCE FOR ADOPTION 10. 3450 VIA OPORTO (PA2003 -213) - GENERAL PLAN Ord 2003 -17 AMENDMENT NO. 2003 -010, LOCAL COASTAL PROGRAM GPA 2003 -010 AMENDMENT NO. 2003 -004, AND CODE AMENDMENT LCP 2003 -004 NO. 2003 -008 - REQUEST TO AMEND THE GENERAL PLAN CA 2003 -008 AND LOCAL COASTAL PROGRAM LAND USE 3450 Via Oporto DESIGNATIONS FROM GOVERNMENTAL, EDUCATIONAL ; (45) AND INSTITUTIONAL FACILITIES TO RETAIL & SERVICE' COMMERCIAL AND TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM GEIF TO RSC. Adopt Ordinance No. 2003 -17. RESOLUTIONS FOR ADOPTION 11. RESOLUTION UPDATING THE LIST OF DESIGNATED Res 2003 -64 EMPLOYEES FOR 2004 UNDER THE CITY S CONFLICT OF 2004 Designated INTEREST CODE. Adopt Resolution No. 2003 -64 adopting the 2004 Employees List Designated Employees List. (66) 12. Item removed from the Consent Calendar by Council Member Nichols 13. CALIFORNIA HIGHWAY PATROL DUI ENFORCEMENT Res 2003 -66 GRANT. Adopt Resolution No. 2003 -66 for the Newport Beach Police DUI Enforcement Department to participate in a California Highway Patrol DUI Grant Enforcement Grant on December 19, 2003. (70) 14. PROPOSED ASSESSMENT DISTRICT NO. 75 - BALBOA Res 2003 -67 BUSINESS DISTRICT (AREA BOUNDED BY OCEANFRONT Res 2003 -68 BOULEVARD, ADAMS STREET, EDGEWATER PLACE, AND `A' Res 2003 -69 STREET) FOR UNDERGROUNDING UTILITIES. 1) Adopt the Assessment District Volume 56 - Page 553 City of Newport Beach Regular Meeting December 9, 2003 following Resolutions for Proposed Assessment District No. 75: a) Resolution No. 2003 -67 making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 75; b) Resolution No. 2003 -68 declaring intention to order the construction of certain improvements in proposed Assessment District No. 75; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district; and c) Resolution No. 2003 -69 giving preliminary approval to the Report of the assessment engineer, setting the time and place for a public hearing as January 27, 2004; and ordering the intention of assessment ballot procedure for Assessment District No. 75; and 2) approve the Special Counsel Agreement with Robert Hessell. 15. PROPOSED ASSESSMENT DISTRICT NO. 81 — (RIVER AVENUE FROM CHANNEL PLACE TO 38TH STREET AND CHANNEL PLACE FROM BALBOA BOULEVARD TO 43RD STREET) FOR UNDERGROUNDING UTILITIES. 1) Adopt the following Resolutions for Proposed Assessment District No. 81: a) Resolution No. 2003 -70 making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 81; b) Resolution No. 2003 -71 declaring intention to order the construction of certain improvements in proposed Assessment District No. 81, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, providing for the issuance of bonds, and to designate the area an Underground Utilities District; c) Resolution No. 2003 -72 giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as February 24, 2004 and ordering the intention of assessment ballot procedure for Assessment District No. 81; and 2) approve the Special Counsel Agreement with Robert Hessell. CONTRACTS AND AGREEMENTS 16. BAYSIDE DRIVE RESURFACING - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3556). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 1 year after Council acceptance. 17. JAMBOREE ROAD, BISON TO UNIVERSITY STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3525). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 1 year after Council acceptance. Volume 56 - Page 554 INDEX No. 75/ Balboa Business District (89) Res 2003 -70 Res 2003 -71 Res 2003 -72 Assessment District No. 81/ River Avenue/ Channel Place (89) C -3556 Bayside Drive Resurfacing (38) C -3525 Jamboree Road, Bison to University Rehabilitation (38) City of Newport Beach Regular Meeting December 9, 2003 INDEX 18. Item removed from the Consent Calendar by Council Member Nichols 19. NEWPORT HEIGHTS ALLEY REPLACEMENT — COMPLETION C -3565 AND ACCEPTANCE (C- 3565). 1) Accept the work; 2) authorize the Newport Heights City Clerk to file a Notice of Completion; 3) authorize the City Clerk to Alley Replacement release the Labor and Materials bond 35 days after the Notice of (38) Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 1 year after Council acceptance. 20. BUCK GULLY, LINDA ISLE, AND CARNATION PUMP C -3368 STATION REHABILITATION — COMPLETION AND Buck Gully, Linda ACCEPTANCE OF CONTRACT (C- 3368). 1) Accept the work; Isle, and Carnation 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Pump Station the City Clerk to release the Labor and Materials bond 35 days after Rehabilitation the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 1 year after Council acceptance. 21. GEOTECHNICAL, SURVEYING AND MAPPING, C -3673 (A -H) ARCHEOLOGICAL, AND INSPECTION ON -CALL SERVICES — Geotechnical, APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS. Surveying and 1) Approve Professional Services Agreements with Harrington Mapping, Geotechnical and Leighton and Associates for on -call geotechnical Archeological, and services and authorize the Mayor and City Clerk to execute the Inspection On -Call Agreements; 2) approve Professional Services Agreements with Coast Services Surveying, Duca- McCoy, and Advanced Survey Services for on -call (38) professional surveying and mapping services and authorize the Mayor and City Clerk to execute the Agreements; 3) approve a Professional Services Agreement with LSA and Associates for on -call archeological services and authorize the Mayor and City Clerk to execute the agreement; and 4) approve Professional Services Agreements with Project Partners and Hubell Technical Services for on -call supplemental public works inspection services and authorize the Mayor and City Clerk to execute the Agreements. 22. Item removed from the Consent Calendar by Council Member Heffernan. 23. Item removed from the Consent Calendar by Mayor Ridgeway. 24. Item removed from the Consent Calendar by Council Member Heffernan. MISCELLANEOUS ACTIONS 25. ACCEPT A CHECK FROM THE HELEN L. RUSSELL LIVING BA -017 TRUST IN THE AMOUNT OF $21,645.94 MADE PAYABLE TO Library THE NEWPORT BEACH PUBLIC LIBRARY FOR THE Improvements PURPOSE OF LIBRARY IMPROVEMENTS. Approve a budget Donation amendment (BA -017) in the amount of $21,645.94. (40/50) Volume 56 - Page 555 City of Newport Beach Regular Meeting December 9, 2003 26. BUDGET AMENDMENT TO APPROPRIATE FUNDS BEING HELD IN THE LIBRARY FOUNDATION SPECIAL PURPOSE DEPOSIT ACCOUNT TO EXPENDITURES ACCOUNTS. Approve a budget amendment (BA -019) in the amount of $55,000. 27. APPROPRIATION OF $57,380 FROM THE ENVIRONMENTAL LIABILITY FUND TO ACCOUNT 3155 -8080 TO PAY VARIOUS LEGAL AND CONSULTING FEES RELATED TO NEWPORT TERRACE LANDFILL GAS REMEDIATION. Approve a budget amendment (BA -020) to appropriate $57,380 from the Environmental Liability Fund to the Newport Terrace landfill gas disbursement account. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for those items removed (5, 7, 8, 12, 18, 22, 23 and 24); and noting the amendment to Item No. 9 City Manager Bludau stated that Item No. 12 should actually be removed from the agenda. He explained that Assemblyman Campbell is expected to prepare legislation regarding the issue. Amended motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for those items removed (5, 7, 8, 18, 22, 23 and 24); and noting the amendment to Item No. 9. Allen Beek requested that the item not be removed from the agenda. City Attorney Burnham stated that the item has already been pulled from the Consent Calendar and will be open for discussion. Mayor Pro Tem Adams withdrew his amended motion The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None K. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. MINUTES OF THE REGULAR MEETING OF NOVEMBER 25, 2003. Jim Hildreth referred to page 516 of the November 25, 2003, regular meeting minutes and stated that the comments he made regarding the minutes of November 12, 2003, were left out. On page 517, Mr. Hildreth stated that his comments regarding the undergrounding of utilities and the financial aid that is available were also left out. Additionally, a question he asked about the easements for the streetlights on Big Balboa Island was worded incorrectly. Motion by Mayor Pro Tern Adams to waive reading of subject minutes, approve as written and order filed. Volume 56 - Page 556 INDEX BA -019 Library Fund Transfer (40/50) BA -020 Newport Terrace Landfill Fund Transfer (40/44) City of Newport Beach Regular Meeting December 9, 2003 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 7. AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. Council Member Rosansky stated that earlier in the day, he attended a meeting of the Governmental Affairs Committee for the Chamber of Commerce that included a presentation by the Integrated Waste Management Department. He commended the City on its recycling efforts. Dolores Otting stated that she used to have a trash hauling business in the City and was involved in the solid waste franchise agreement. She expressed her confusion as to why the City doesn't inform people coming to the Planning and Building departments of the trash haulers that they can use. She stated that the use of unauthorized, or non - franchised, contractors should not be occurring and that the proposed ordinance is not needed. She cited an example of an unauthorized contractor that she witnessed being used by the City. City Manager Bludau asked that Ms. Otting provide him with the name of the unauthorized contractor that was used so that he could follow up on the matter. He also noted that the City does provide builders with a list of the demolition contractors that can be used and that the ordinance will tighten the requirements for the builders to only use those haulers franchised in the City. Jim Hildreth stated that the debris from a house being constructed next door to where he resides is being hauled away for recycling by an outside contractor. He learned from the person in charge of the demolition that it was more cost effective to use the outside contractor. Mr. Hildreth noted that recycling is a requirement of all haulers. He stated that the City had plenty of opportunity to find out if a franchised hauler was being used, that the requirements are already in place and that the proposed ordinance is not needed. In response to Ms. Otting's comments, City Attorney Burnham stated that the proposed ordinance will make it a condition of a demolition permit to use a franchised hauler, which is what he feels that Ms. Otting is suggesting. Robert Walchli stated that due to the amount of construction taking place throughout the City, there are a lot of dumpsters and it doesn't appear that there's any oversight. He explained that when a permit is issued, there doesn't seem to be any follow -up on the part of the City. Volume 56 - Page 557 INDEX Ord 2003 -18 Franchise Solid Waste Haulers/ Demolition Activities (42) City of Newport Beach Regular Meeting December 9, 2003 He also noted that there are dumpsters in place without a permit, which represents lost revenue to the City, as well as a problem with dust and excessive debris. Council Member Rosansky stated that when a permit is issued for a dumpster, it could be weeks until the demolition actually occurs. He suggested that language be added to Section 303.1 that specifies the timeframe in which the permittee is required to notify the General Services Department. He stated that the current problem seems to be that the City isn't aware of when demolition commences, so doesn't know when to verify that a franchised hauler is being used. City Manager Bludau agreed and stated that there is also a problem when the company performing the demolition is different than the company hauling the material away. City Attorney Burnham also agreed with Council Member Rosansky's suggestion to add the language. Council Member Rosansky suggested that the permittee be required to notify the General Services Department no less than twenty -four hours in advance of its intent to commence demolition, as stated in the proposed ordinance, but also add that the notification must take place no more than forty -eight hours in advance. Mayor Ridgeway stated that a procedure also needs to be put in place for when the demolition doesn't occur within forty -eight hours of the notification. Council Member Rosansky stated that the permittee would then be in violation of the requirements of the permit and the City could stop the work. General Services Director Niederhaus agreed with the amendment suggested by Council Member Rosansky, but suggested that it be extended to seventy -two hours due to weekends. Motion by Council Member Rosansky to introduce Ordinance No. 2003 -18 amending Section 15.02.035 pertaining to the Uniform Administrative Code, as amended to require the permittee to notify the General Services Department within seventy -two hours of commencing demolition; and pass to second reading on January 13, 2004. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 8. ORDINANCE EXTENDING NON - EXCLUSIVE CABLE TV FRANCHISES WITH ADELPHIA AND COX COMMUNICATIONS. As Chairman of the Ad Hoc Telecommunications Committee, Council Member Heffernan took responsibility for the City's failure in reaching an agreement in the negotiation of the Cable TV franchises. He stated Volume 56 - Page 558 INDEX Ord 2003 -19 Cable TV Franchise Agreements (42) City of Newport Beach Regular Meeting December 9, 2003 INDEX that somethings not being done right, customers aren't satisfied with their service or the fees they're paying, and the issue needs to be addressed. City Manager Bludau noted that it's a complicated process and one that the City has not dealt with for over 25 years. Assistant City Manager Kiff stated that one of the reasons that it has taken so long to negotiate the agreements is that the City is dealing with two cable companies who don't want to meet with the City together. He also noted that the existing ordinance dates back to 1965 and the process to update it has taken a long time. Thirdly, as a part of the negotiation process, the City conducted a cable needs assessment. City Manager Bludau noted that the cable needs assessment was a requirement of the formal negotiation process. Mayor Ridgeway asked what would happen if the City Council took no action on the item at the current meeting. Assistant City Manager Kiff stated that the existing franchises would continue on a month -to- month basis. In response to Mayor Ridgeway's question, Assistant City Manager Kiff stated that the City has no control over the rates that they charge. Council Member Heffernan asked for the rationale in extending the agreements for one year. City Attorney Burnham stated that the language could be worded to extend the franchise agreements to January 27, 2005, or until a new agreement is approved. Council Member Heffernan suggested that the item be continued to allow the City Council time to receive additional information on the current status of the negotiations. City Attorney Burnham stated that both a revised ordinance and an extension of the agreements are needed. Council Member Bromberg understood the frustration with the negotiation process, but felt that extending the agreements for one year wouldn't give the cable companies any incentive to work with the City. He asked if the extension could be shortened to six months. Assistant City Manager Kiff stated that any extension would give staff more time to work on the issue, but that he didn't know if six months would be enough time. Motion by Council Member Brombere to introduce Ordinance No. 2003 -19 extending the current franchise agreements with Cox and Adelphia for six months; and pass to second reading on January 13, 2004. Dolores Otting stated that it is difficult to comprehend why Cox and Adelphia can't meet with the City at the same time. She suggested that the Cox Cable franchise agreements in South County, as well as the recent Adelphia agreements, be looked at. Ms. Otting stated that the City should be moving forward more quickly on the issue. Jim Hildreth referred to the staff report and noted that Adelphia provides a service to the City. He stated that Adelphia actually provides a truthful document of what happens at City Council meetings. Additionally, he stated that community programming should be available to everyone, and that it's the taxpayers that are Volume 56 - Page 559 City of Newport Beach Regular Meeting December 9, 2003 paying for the service. Dr. Jan Vandersloot expressed his surprise that the City receives 5 %, or $1 million, from the franchise fees, while the cable companies are receiving $20 million. He suggested that the City negotiate a higher rate of return or that the payments made by the citizens be reduced. Assistant City Manager Kiff stated that Federal law caps the amount that cities can retain from a cable company at 5 %. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 12. RESOLUTION SUPPORTING THE CALIFORNIA DEPART- MENT OF PARKS AND RECREATIONS CONVERSION PLAN FOR EL MORRO. Allen Beek stated that the proposed resolution serves the people of the City and the State, and it's time that the City did something constructive regarding the matter. He urged the City Council to adopt the resolution. Mr. Beek stated that by the City taking such a strong position on the matter, Assemblyman Campbell will get the message that any legislation he is considering to help the current residents at the park will not be well accepted by the public. Mr. Beek added that public parks by schools have not presented problems before, but mobile home parks have. Lavenna Hayton stated that El Morro is within the City's sphere of influence and it's urgent that the resolution be adopted. She stated that the park belongs to the taxpayers and people should be allowed to visit it. She expressed her support for converting the trailer park to a public park, and stated that Assemblyman Campbell's office informed her that he is also. Robert Walchli stated that El Morro has been public property for 25 years and, yet, the public has been refused the right to visit the area. He noted that there is not parking nearby either. Mr. Walchli also stated that it's his understanding that Assemblyman Campbell supports the residents of the park, who want to stay there. He stated that it's time for the public to be able to enjoy the beach. Dennis O'Neil, Hewitt & O'Neil, representing the El Morro Community Association, stated that the property is under the jurisdiction of the County and that future planning should be handled by the County and the State. He stated that he has been working on a plan that will open up access of the area to the public and provide additional revenue to the State. Mr. O'Neil stated that he spoke with Assemblyman Campbell, and he is opposed to the State's plan. Volume 56 - Page 560 INDEX Res 2003-65 El Morro /Crystal Cove State Park (62) City of Newport Beach Regular Meeting December 9, 2003 II►`I1]o11 Mr. O'Neil asked the City Council to continue the matter and allow Assemblyman Campbell to submit his proposal. In response to Council Member Heffernan's question, Mr. O'Neil stated that he did not know what Assemblyman Campbell's proposal would be. Mr. O'Neil presented a letter from Assemblyman Campbell, which was addressed to the State and dated June 19, 2003. Mr. O'Neil submitted the letter from Assemblyman Campbell, as well as other letters expressing opposition to the State's plan. He stated that he's expecting Assemblyman Campbell's proposal to be a win -win situation for everyone. Dennis Baker stated that he uses the State's campgrounds and one is needed at El Morro. He stated that the resolution makes a positive statement and shouldn't interfere with Assemblyman Campbell's plans. Mr. Baker encouraged the City Council to adopt the resolution at the current meeting. Ray Halowski, member of the Surfrider Foundation, stated that the Crystal Cove State Park project involves everyone. He stated that when the residents of Newport Beach are told about the issue, they support the conversion of El Morro. He encouraged the City Council to adopt the resolution. Nancy Gardner, Surfrider Foundation, stated that the City Council previously supported El Morro becoming a public park. She stated that they should remember this and adopt the proposed resolution. Dr. Linda Orozco stated that there are a number of schools next to public parks and she doesn't see a problem with it. Additionally, she stated that the public parking for El Morro is 1' /z miles away. Dr. Orozco stated that if the land is public, it should be made that way. Dr. Jan Vandersloot asked the City Council to adopt the resolution and go on record as supporting the park plan. He stated that it is a park for the public and not for special interests. Dr. Vandersloot stated that the City should not waiver on its position or there will be public outcry. Rolly Pulaski, El Morro Village Community Association President, asked the City Council not to take action on the item at the current meeting. He stated that there will be other alternatives to the State's plan to consider, and explained that the community association has several ideas to propose to the State. He stated that their ideas have merit and they might be supported with the help of Assemblyman Campbell. Mr. Pulaski added that El Morro Village has always been open to the public and that previous suggestions to make this clearer to the public have been denied by the State. Mayor Ridgeway asked if there is public parking onsite. Mr. Pulaski stated that there is public parking available on the inland side of Coast Highway. Again, previous suggestions to make this more accessible have been denied by the State. Volume 56 - Page 561 City of Newport Beach Regular Meeting December 9, 2003 INDEX Stephanie Barker stated that the City Council needs to adopt the resolution for those that worked on bringing the plan together. She stated that Assemblyman Campbell has had plenty of time to be a part of the process. Ms. Barker additionally noted that the State's parks are one of the greatest assets that the State can provide to its citizens. Council Member Bromberg stated that the City Council reviewed this matter at a previous Study Session, where a main concern regarded which entity had the sphere of influence over the area. He stated that El Morro is a public park and should be developed into something for the public, but that he wasn't sure if the State's plan was the right plan. He stated that it might be worth waiting for alternative plans to be presented by Assemblyman Campbell. Council Member Bromberg stated that the City could then decide what it wants to support. Motion by Council Member Brombere to continue the item, and direct staff to monitor the progress of the issue and report back to the City Council. Mayor Ridgeway agreed and stated that the State owns the land and he wouldn't want to interfere with the process. He suggested that the item return to the City Council within six months. Amended motion by Council Member Brombere to continue the item, and direct staff to monitor the progress of the issue and report back to the City Council within six months. Mayor Pro Tem Adams stated that it's unclear what the outcome of the City Council adopting the resolution would be. He agreed that the land should be converted to public use, and asked if a resolution could be passed in the interim, expressing that viewpoint. Council Member Rosansky disagreed that having a State park next to a school will present a safety problem. He stated that the citizens in Newport Beach want the area to be accessible to the public and the City should take a leadership position on the issue. Council Member Heffernan stated that the El Morro Village Community Association has the money to fight the matter. He stated that there are two issues to consider. The first is deciding whether the City should be in favor of the lease with the village ending and the State taking back the property, and the second is defining a plan for what should happen next. Council Member Heffernan stated that the City should at least take a position on ending the lease, and then a plan will eventually evolve. He stated that it is in the City's best interest to open more beach areas to the public. Council Member Webb agreed that it's important for the City to take a position on the matter, and felt that the wording in the resolution could be amended to effectively state the City's position of supporting the State taking over the park without specifying what the plan should be for the public use of the park. Volume 56 - Page 562 City of Newport Beach Regular Meeting December 9, 2003 Substitute motion by Council Member Webb to adopt Resolution No. 2003 -65 supporting the California Department of Parks and Recreation's conversion of the E1 Morro area within Crystal Cove State Park, as amended to delete reference to endorsing any particular plan. After a brief discussion, it was clarified that the resolution, as amended, would state the City's support of the State converting the trailer park to public recreation use. Council Member Bromberg withdrew his motion. The substitute motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None is. CASTAWAYS PARK REVEGETATION — AWARD OF CONTRACT (C- 3546). Council Member Nichols stated that he can't support the Nature Conservancy's requirement that the public can't walk on the grass areas in the park. Mayor Ridgeway read from the staff report and stated that the park will not be for purely passive uses. Council Member Nichols stated that he wants it made clear that users of the park can use the grass areas. Council Member Webb stated that the plan is to create a borderland, roughly 50 feet wide and parallel to the bluff top, that would be available for more active, passive uses. The remainder of the park wouldn't have fences after the maintenance establishment periods and paths would be similar to the current paths. He wasn't aware of any enforcement that would prohibit users from walking through the grass areas. Council Member Webb stated that the plan is the one decided on by the City Council and the contract should be awarded. Council Member Rosansky agreed that the use of the park has already been determined and that the current action is to award the contract. City Attorney Burnham clarified that the action to award the contract also includes approval of the plans and specifications. City Manager Bludau added that timing is of the essence since the contract has to be awarded prior to the restoration taking place. Referring to the bid amounts listed in the staff report, Council Member Heffernan asked if the low bidder had been qualified. City Attorney Burnham stated that the contractors were prequalified and the award of the contract is to the lowest responsible bidder. Volume 56 - Page 563 INDEX C -3546 BA -018 Castaways Park Revegetation (38/40) City of Newport Beach Regular Meeting December 9, 2003 Per Council Member Adams' question, City Attorney Burnham added that staff has the ability to make recommendations on whether the bidder is responsible. Staff also has the ability to adjust the bid if there are mistakes in the written designations. Mayor Ridgeway pointed out that the low bid was 17% above the engineer's estimate. Dr. Jan Vandersloot stated that it has been the intention of the Nature Conservancy from the beginning that the park is to be open to the public with no restrictions on where people can go. He stated that it's different than an ecological reserve, but will provide an educational experience where people can see what native vegetation is and how it operates in an ecosystem. Dr. Vandersloot stated that the compromise to add the 50 -foot border of meadow sedge will provide for more active use at the park. Stephanie Barker thanked staff for project and hoped that the C. recommended action. She announ workshop would be held on Dec( Interpretive Center. She stated t accessed as www.earthresource.org. moving forward so quickly on the y Council would support the ed that a gardening with natives mber 10, 2003, at the Newport Lat additional information can be Motion by Council Member Brombere to approve the plans and specifications; increase revenue estimates in Account No. 250 -4879 by $50,000 from the Nature Conservancy Grant, and approve a budget amendment (BA -018) in the amount of $103,085 ($53,085 from the Unappropriated General Fund, Account No. 010 -3605 and $50,000 from the Nature Conservancy Grant) to the Parks Funds, Castaways Park, Account No. 7251- C5100677; award contract (C -3546) to Pacific Restoration Group Inc. for the total bid price of $268,857, and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $26,000 to cover the cost of unforeseen work. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None .Absent: None 22. CORONA DEL MAR STATE BEACH IMPROVEMENTS — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS. Council Member Heffernan stated that it appears that the design component of the project is being increased from $143,000 to $214,500, with the expectation that the project is going to get larger. He expressed his concern for finding the $2.5 million needed to pay for the Volume 56 - Page 564 INDEX C -3461 Corona del Mar State Beach Improvements (38) City of Newport Beach Regular Meeting December 9, 2003 INDEX enlarged project. He asked what the chances of getting the money are. Assistant City Manager Kiff stated that the project is being phased, since some of the money has already been secured through grants and other grants will become available in the future with varying timeframes on when they can be applied for. He added that the chances are good that the grants will be secured. Council Member Nichols stated that he has several concerns including the shortage of beach. He specifically mentioned the lack of public support for a lifeguard station and moving forward with a contract that doesn't have public support. Mayor Ridgeway stated that the contract was voted on by the City Council at a previous meeting, by a vote of six to one, with Council Member Nichols dissenting. Motion by Council Member Brombere to approve Amendment No. 2 to the Professional Services Agreement with Robbins Jorgensen Christopher Architects, and authorize the Mayor and City Clerk to execute the Amendment. Council Member Webb stated that it appears that the increase in the architectural costs is being justified by an increase in the cost of the project and not by an increase in the features of the project. Mayor Ridgeway stated that he thought it was based on entrance modifications, which City Manager Bludau confirmed. Mayor Ridgeway stated that the increase seems excessive for such a modification. Public Works Director Badum stated that there are other items included in the increase to the size of the project and that the scope of the project has evolved over time. Dolores Otting asked for an explanation of what the project now looks like, since it's apparently bigger than what was presented to the public. She asked how more money could be spent on a project that isn't clearly defined. Council Member Heffernan stated that the City Council approved the basic design features of the project in a broad concept. Public Works Director Badum confirmed that the City Council did look at a broader project and directed staff to move forward with the design of the project knowing that it would be phased in case money wasn't available in the future. He stated that having a set of plans will help the City to pursue the additional funds. Council Member Heffernan confirmed that staff does not feel that additional public hearings or presentations are needed on the design features. Mayor Ridgeway stated that conceptual designs are always started with, and then schematic designs are prepared, followed by design development. He stated that design development usually accounts for approximately 55% of the entire contract, and that design development drawings are needed to obtain grant money from the State because they include cost estimates. Volume 56 - Page 565 City of Newport Beach Regular Meeting December 9, 2003 Mayor Pro Tern Adams stated that the majority of the increase is due to the increase in the basic scope of the construction budget from $1.2 million to $2 million, as a percent of fee. He stated that it's fairly straight forward why the amendment is being recommended. Council Member Rosansky stated that the fee has increased by 50% and asked if staff felt that the architectural firm was providing a 50% increase in services. Public Works Director Badum stated that it is a normal design fee for a project of this magnitude. Council Member Rosansky asked if the additional services were equivalent to 50% more work. Public Works Director Badum stated that he'd have to look at the firm's proposal more closely to answer the question. Substitute motion by Mayor Ridaewav to continue the item to January 13, 2004, in order for the City Council to receive a more adequate report on the changes to the contract and a detailed list of items that are being changed. The substitute motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Mayor Pro Tern Adams made it clear with staff that the delay in approving the amendment means that no money can be spent on the project in the interim. City Manager Bludau expressed his understanding of the request. 23. EXTENSION OF A JOINT POWERS AGREEMENT FOR MOORING ADMINISTRATION. Mayor Ridgeway requested staff to provide an inventory to the City Council of all moorings, including those in need of repair and maintenance. Council Member Heffernan stated that the City of Avalon charges $500 annually for their moorings and that it includes maintenance. Mayor Ridgeway noted that the moorings in Avalon are pristine. Council Member Rosansky also requested an assessment on the proper utilization of the moorings. He specifically requested that the size of the boats in the moorings, and the adequacy of the allocation and number of moorings be addressed in the report. Mayor Ridgeway stated that it will put pressure on the upland residential neighborhoods, and that a smaller boat can be placed in a mooring, but the fee is determined by the size of the mooring and not the size of the boat. Volume 56 - Page 566 INDEX C -2241 Mooring Administration/JPA (38) City of Newport Beach Regular Meeting December 9, 2003 Jim Hildreth asked why Tom Rossmiller didn't sign his own staff report. Additionally, he stated that the City monitors the pier permitted locations and the County monitors the onshore and offshore moorings. He stated that the joint powers agreement between the City and the County is for the collection of the fees for the onshore moorings, since they lie on both City and County property. He asked to see a copy of the original mooring administration agreement. Lastly, he noted that the agreement excludes the Grand Canal and that the fees for the pier permitted sites have been going up. Robert Walchli stated that the City should look at taking over the management and control of the moorings. He felt that the original purpose of the moorings was to provide an affordable avenue for people of average means to enjoy boating, but that many of the moorings and boats in Newport Beach are in disrepair. He noted that in San Diego, regular renewal of the mooring rentals and maintenance of the boats is required. He stated that this allows for others to use the moorings, particularly those that use their boats. He stated that affordable facilities need to be made available and the matter should be brought under local control. Mayor Ridgeway suggested that possibly the mooring situation be agendized for a future Study Session. Mayor Pro Tem Adams noted that the City does address derelict boats. Mayor Ridgeway added that the newly- formed Sphere Issues Committee will look at County services in the harbor. Motion by Council Member Bromberg to authorize the Mayor to approve an amendment to the Joint Powers Agreement (D89 -035) between the City and the County of Orange authorizing the County to administer moorings in Newport Harbor. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 24. SLOPE, PARKWAY, AND MEDIAN MAINTENANCE IN THE NEWPORT COAST. City Clerk Harkless noted that the recommended action is provided in the staff report, which differs from what was printed on the agenda. Council Member Heffernan stated that the proposed agreement is a part of the annexation agreement with Newport Coast, and has gone through many reiterations. He asked how much it will cost the City in the current fiscal year and if the money has already been set aside. Volume 56 - Page 567 I1011WI C -3674 C -3675 BA -021 Slope, Parkway, and Median Maintenance in the Newport Coast (38/40) City of Newport Beach Regular Meeting December 9, 2003 INDEX Administrative Services Director Danner stated that the action includes a budget amendment, because staff did not know what the amount of the expense would be so didn't budget for the item. He stated, however, that the expenditures were included in the fund balance estimates. Council Member Heffernan asked if the homeowner associations would be receiving the money owed to them retroactive to March, 2002. Assistant City Manager Kiff stated that the City does owe the homeowner associations for work that the City should have been doing, but that the amount has not been determined. He stated that the matter would be agendized for a City Council meeting in January, 2004. Council Member Heffernan confirmed with Assistant City Manager Kiff that the homeowner associations are acceptable to waiting for the reimbursements. Dolores Otting asked if the budget amendment amount was equal to the total amount being spent in the current fiscal year. Assistant City Manager Kiff responded in the affirmative, and noted that the amount covers the remaining six months of the fiscal year. In future years, the amount will be double that. Additionally, he explained that Newport Coast is unique because the homeowner associations own the medians and the parkways adjacent to, and within, the public streets. As a part of the annexation agreement, the City committed to maintaining those areas as if the City owned them. Motion by Council Member Heffernan to 1) authorize the City Manager to enter into a Property Maintenance Agreement or agreements, substantially similar to the document included with the staff report, with eligible Newport Coast community associations to maintain the landscaping on certain slopes, parkways, and medians along public streets; 2) authorize the General Services Director to enter into or amend an existing contract with Park West Landscape Maintenance or any other qualified firm to maintain certain slopes, parkways, and medians in the Newport Coast; 3) authorize the City Manager to enter into a reimbursement arrangement with certain HOA's that may not want the City's contractor to do their maintenance work; and 4) approve a budget amendment (BA -021) appropriating a total of $245,422 to fund expenditures for the remaining six months of FY 2003 -04 according to the following schedule: a) $151,612 to the General Services Department's Parks Maintenance Division Professional and Technical Services Account (3170 -8080) for contract landscaping services from Unappropriated General Fund Reserves; b) $43,500 to the General Services Department's Utilities Account (3170- 8118) for reclaimed water purchases from Unappropriated General Fund Reserves; c) $20,000 to the General Services Department's Street Tree Maintenance Division Professional and Technical Services Account (3180 -8080) to fund a tree inventory and immediate tree maintenance services to reduce liability issues on newly acquired areas adjacent to public rights of way; and d) $30,310 to a new account within the General Services Department's Parks Maintenance Division Professional and Technical Services Account (3170 - 8080X) for landscape maintenance and reclaimed water purchase reimburse- ments (for the Newport Ridge HOA) from Unappropriated General Volume 56 - Page 568 City of Newport Beach Regular Meeting December 9, 2003 INDEX Fund Reserves ($23,552) and from the Water Enterprise ($6,758). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Mayor Ridgeway recessed the meeting at 10:00 p.m. and reconvened the meeting at 10:15 p.m., with all council members present. L. PUBLIC COMMENTS Yvonne Houssels, Harbor View Hills South resident, expressed her and her neighbors' concerns about the recent decision by the City to grant a special 5% variance to many of the homes that had their architectural work done by Andrew Goetz and which did not meet the height zoning restrictions of the City. She hoped that the City Council would reconsider the decision and find another solution to the problem. Ms. Houssels stated that her comments also represent the viewpoints of Tess Lier, who was in attendance at the meeting earlier in the evening. Robert Walchli thanked the City Council for requiring the property owners at 202 Fernleaf to remove a portion of their over- height structure, but stated that there is still a concern about allowing the other noncomplying portions to remain. Secondly, Mr. Walchli stated that any campground will bring a high -class clientele, due to the cost of recreation vehicles. Lastly, Mr. Walchli complimented Park Patrol Officer Rodriquez, and stated that he and the program will be an asset to the community. Jim Hildreth stated that the rough draft of the minutes that have been approved have things that have been left out. Per the request of Mayor Ridgeway, City Attorney Burnham stated that the public cannot speak on an item that has already been voted on, because it is not within the subject matter jurisdiction of the City Council. Mr. Hildreth could, however, address the general manner in which minutes are prepared. Mr. Hildreth stated that the structures in the Grand Canal are not pier permitted even though they are billed that way. He stated that they are actually access structures. He stated that the City should not be destroying pier permitted records. Dolores Otting provided information on the City of Palo Alto and their process for electing the Mayor. She stated that the business of the public should be conducted in public, as per the Brown Act. She expressed her confusion for Mr. Hildreth not being allowed to speak on Volume 56 - Page 569 City of Newport Beach Regular Meeting December 9, 2003 INDEX an item that had already been voted on. Ms. Otting complimented Mayor Pro Tem Adams for how he runs meetings. Lastly, she stated that reports that are requested by the City Council in public should also be provided to the public. Based on several comments throughout the meeting, City Manager Bludau stated that the selection process for the Mayor is specified in the City's Charter, which was voted on by the citizens. • Dr. Linda Orozco stated that the City is aware of the complaints about the 27 -bed drug halfway house in her neighborhood, but has said that nothing can be done. She stated that two City zoning ordinances, 20.10 and 20.66, have existed for years, but have been ignored. She requested that the City enforce the current zoning codes. Dr. Orozco provided a handout. Mayor Ridgeway stated that until this year, he was not aware of the issue with Narconon. He stated that when he found out about it, he took immediate action, had it agendized for a Study Session and initiated an ordinance to address the situation. He stated that the item will be returning to the City Council in 75 to 90 days. Mayor Pro Tern Adams requested that the City's existing ordinances and the ability for enforcement also be addressed in the staff report. Council Member Nichols stated that halfway houses are required to have a separation distance between them, with one not allowed adjacent to another. He requested that this provision be enforced. City Attorney Burnham stated that there is not a separation requirement in the City's code, and that requiring so could be a violation of Federal law. He stated that he would include this information in the staff report. • Brian Clarkson apologized for interrupting the election of the Mayor earlier in the meeting, but stated that it was the only way that he could speak on the matter. He stated that the voters, if given the choice, would probably prefer to elect their own Mayor, and that a poll being conducted on the FreeNewport.com site shows this to be a popular issue. He stated that with the long -term projects being discussed, a Mayor who serves more than one year should also be considered. • Ed Smith, Narconon Director, stated that cities should support programs that deal with individuals who have drug and alcohol problems. He stated that Narconon is willing to work with the City, the community and its neighbors. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Mayor Pro Tem Adams stated that GPUC met on December 8, 2003, and discussed the filling of the vacancies on the General Plan Advisory Committee Volume 56 - Page 570 City of Newport Beach Regular Meeting December 9, 2003 (GPAC), which would be discussed later in the current meeting. He also reported that GPUC was presented with an update on the base traffic study that will be used to evaluate various alternatives in the general plan update. Assistant City Manager Wood confirmed that the study could be viewed on the website at www.NBVision2025.com. Status report - Newport Coast Advisory Committee. Council Member Heffernan reported that the City is in the process of reimbursing Newport Coast for fuel modification zone work that has been done. Additionally, he mentioned a new cell site being installed on San Joaquin Hills Road and pointed out that it is on County land, so the City's requirements are not enforceable on the site. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reported that the steering committee has not met since the previous City Council meeting, but that everything is progressing as planned. He confirmed that the committee is expected to meet in February. Status report - Local Coastal Program Certification Committee. Mayor Ridgeway announced that the certification committee will be meeting at City Hall at 4:30 p.m. on December 10, 2003. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 28. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 2003. Planning Director Temple stated that the Planning Commission agenda included two items. The first item was an application for a coastal residential development permit and was approved with an in lieu fee requirement. The second item was for a use permit for a service station, which the Planning Commission had considered at a previous meeting. Planning Director Temple stated that the applicant responded to the concerns of the Planning Commission, and the Planning Commission approved the use permit. O. PUBLIC HEARINGS 32. LANDMARK BUILDINGS, CODE AMENDMENT NO. 2003 -009; AND BALBOA THEATER, 707 EAST BALBOA BOULEVARD, GENERAL PLAN AMENDMENT NO. 2003 -006 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -005 (PA2003- 212). [Taken out of order]. Program Administrator Trimble stated that by adopting the ordinance, the zoning code would be changed. Adoption of the resolution would amend the general plan and the local coastal program. He stated that the Planning Commission approved the recommended action by a vote of7to0. Council Member Heffernan asked if the action would apply to the Port Theater. Program Administrator Trimble stated that the action affecting the landmark buildings would apply to all four landmark Volume 56 - Page 571 INDEX Planning Commission (68) Ord 2003 -21 Res 2003 -75 CA 2003 -009 GPA 2003 -006 LCP 2003 -005 PA 2003 -212 Landmark Buildings/ Balboa Theater (68) City of Newport Beach Regular Meeting December 9, 2003 INDEX buildings in the City. The action applying to 707 East Balboa Boulevard would only apply to the Balboa Theater. Council Member Nichols confirmed that the 55 -foot height limitation would apply to the Port Theater. He asked how high the Port Theater is. Program Administrator Trimble stated that the existing height to the roofline is 29 feet, but the ridge is an additional four to five feet, so the height ranges from 29 feet to 34 feet. Mayor Pro Tom Adams noted that Council Member Nichols recused himself from discussion on the landmark buildings at a previous City Council meeting due to the proximity of his residence to the Port Theater. City Attorney Burnham confirmed that Council Member Nichols should recuse himself from the action on the zoning ordinance. Motion by Mayor Pro Tern Adams to bifurcate the action on the two items. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None In response to Council Member Nichols' question, Program Administrator Trimble confirmed that the proponents of the Balboa Theater project have indicated the desire to have an outdoor deck on top of the building. It has been identified as a key component to generating funds for the project and critical to the viability of the theater. The actual proposed deck height is lower than 55 feet. Council Member Nichols expressed his opposition to this applying to all landmark buildings. Program Administrator Trimble stated that three findings would need to be made in order for a use permit to be issued. Assistant City Manager Wood added that the ordinance would only provide the opportunity for a use permit application to be filed. City Attorney Burnham suggested that the discussion of the two action items be bifurcated, and that Council Member Nichols recuse himself from discussion on the action pertaining to the ordinance. Mayor Ridgeway opened the public hearing on the ordinance. Carol Hoffman, representing the Balboa Theater Foundation, stated that the ordinance is an important regulation to assist the foundation in their efforts. Hearing no further testimony, Mayor Ridgeway closed the public hearing on the ordinance. Motion by Council Member Bromberg to introduce Ordinance No. 2003 -21 amending Title 20 of the NBMC and pass to second Volume 56 - Page 572 City of Newport Beach Regular Meeting December 9, 2003 reading on January 13, 2004. Council Member Heffernan asked if there were other such observation decks in the City. Program Administrator Trimble stated that he wasn't aware of any such decks on commercial buildings. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: None Abstain: Nichols Absent: None Mayor Ridgeway opened the public hearing on the resolution. Hearing no testimony, Mayor Ridgeway closed the public hearing on the resolution. Motion by Council Member Brombere to adopt Resolution No. 2003 -75 amending the General Plan and Local Coastal Program. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None 29. APPEAL OF THE PLANNING COMMISSION DENIAL OF MODIFICATION PERMIT NO. 2003 -097 TO ALLOW A FIFTH WALL SIGN — 4000 MACARTHUR BOULEVARD (PA2003 -232) (CONEXANT SYSTEMS, INC. — APPLICANT). Mayor Pro Tem Adams announced that he would be recusing himself from the item due to his ownership of Conexant Systems, Inc. and Mindspeed common stock. Mayor Ridgeway announced that he would also be recusing himself from the item for the same reason. Planning Director Temple stated that the building currently has four signs, two on each of the two towers. Conexant has requested to install a third sign on one of the towers. She stated that the Modifications Committee approved the application based on the fact that the building is unique. The Planning Commission reversed the decision of the Modifications Committee and denied the application. Planning Director Temple stated that the Planning Commission felt that four signs were sufficient and that any visibility issues could be addressed by relocation of the existing signs. Council Member Webb asked if the restrictions for a 200 -foot sign were Volume 56 - Page 573 INDEX Modification Permit No. 2003 -097/ Conexant Systems, Inc. (68) City of Newport Beach Regular Meeting December 9, 2003 the same for a one -story building as for a ten -story building. Planning Director Temple confirmed that the height of the building does not affect the restriction. Council Member Rosansky asked if there are other buildings in the City that have three signs. Planning Director Temple stated that she was not aware of any. Council Member Bromberg opened the public hearing. Dennis Stout, representing Federal Sign and Conexant, stressed the fact that the building is unique. He stated that there are ten fascias that could be used for sign locations. Mr. Stout stated that Conexant needs approach visibility, and pointed out that there are no angles from the main arterials where two signs can be seen at once. Hearing no further testimony, Council Member Bromberg closed the public hearing. Motion by Council Member Heffernan to reverse the decision of the Planning Commission and approve the request by adopting the findings contained in the Modifications Committee approval letter. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols Noes: None Abstain: Adams, Mayor Ridgeway Absent: None 30. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2004. Mayor Ridgeway opened the public hearing. Assistant City Manager Wood announced that no written protests have been received. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Brombere to adopt Resolution No. 2003 -73 confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2004 calendar year. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Volume 56 - Page 574 INDEX Res 2003 -73 Marine Avenue BID (27) City of Newport Beach Regular Meeting December 9, 2003 Absent: None 31. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR 2004. Mayor Ridgeway opened the public hearing. Assistant City Manager Wood announced that no written protests have been received. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Brombere to adopt Resolution No. 2003 -74 confirming the Restaurant Business Improvement District Annual Report and levying the BID assessment for the 2004 calendar year. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None P. CONTINUED BUSINESS 33. UNSCHEDULED VACANCY ON THE PARKS, BEACHES & RECREATION COMMISSION. Using paper ballots provided by the City Clerk, the council members voted on either Tim Brown or Michael Wade for the appointment. City Clerk Harkless read the votes as follows: Tim Brown (Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway) City Clerk Harkless announced that Tim Brown has been appointed to fill the vacancy on the Parks, Beaches & Recreation Commission with a term ending 6/30/07. Mayor Ridgeway congratulated Mr. Brown and stated that it's a long overdue appointment. 34. ADOPTION OF A RESOLUTION ESTABLISHING THE SPHERE ISSUES COMMITTEE AND MAYOR'S APPOINTMENT OF COMMITTEE MEMBERS. Mayor Ridgeway appointed Council Members Bromberg and Rosansky, and himself, as Chair, to the Sphere Issues Committee. Volume 56 - Page 575 INDEX Res 2003-74 Restaurant Association BID (27) Parks, Beaches & Recreation Commission Unscheduled Vacancy (24) Res 2003 -76 Sphere Issues Committee (24) City of Newport Beach Regular Meeting December 9, 2003 Motion by Mayor Ridaewav to adopt Resolution No. 2003 -76 and appoint Council Members Bromberg and Rosansky, and Mayor Ridgeway, as Chair, to the Sphere Issues Committee The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None Q. CURRENT BUSINESS 35. REFILLING VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Assistant City Manager Wood announced that the General Plan Update Committee (GPUC) recommends Lila Crespin to fill the vacancy on GPAC for the Culture & Arts category, Win Fuller and Elizabeth Bonn to fill the vacancy for District 1, Barbara Lyon for District 3, and Gordon Glass and Hal Seely for District 4. Mayor Pro Tem Adams suggested that the City Council make the appointments at their meeting of January 13, 2004, to allow time For the council members to review the qualifications of the individuals being recommended to fill the vacancies. Motion by Mayor Pro Tem Adams to continue the appointments to January 13, 2004. Assistant City Manager Wood stated that GPAC is scheduled to meet on January 12, 2004, but that the meeting will consist of a presentation and that action is not expected to be taken. City Manager Bludau stated that the individuals could attend the meeting anyway if they desired, without having been appointed. He further suggested that the individuals be directed to fill out applications to provide the council members with additional information. Mayor Pro Tem Adams agreed that having the individuals fill out applications would be helpful and that he'd be interested in knowing who attends the meeting. After a brief discussion, it was decided that Ms. Crespin could be appointed at the current meeting since the council members were aware of her qualifications, based on her previous service. Assistant City Manager Wood stated that GPUC also recommended that applications be solicited for GPAC since this hadn't been done recently. Amended motion by Ma or Pro Tem Adams to appoint Lila Crespin for the Culture & Arts category; continue the appointment of Win Fuller or Elizabeth Bonn for District 1, Barbara Lyon for District 3, and Gordon Glass or Hal Seely for District 4 to January 13, 2004; and direct staff to solicit and accept applications for GPAC. Volume 56 - Page 576 INDEX General Plan Advisory Committee (GPAC) (24) City of Newport Beach Regular Meeting December 9, 2003 Council Member Rosansky explained that he'll be abstaining from voting on the motion because he doesn't know Ms. Crespin. The amended motion carried by the following roll call vote: Ayes: Heffernan, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: Rosansky Absent: None R. MOTION FOR RECONSIDERATION - None S. ADJOURNMENT at 11:15 p.m. in memory of Bob Crevier. The agenda for the Regular Meeting was posted on December 3, 2003, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 577 INDEX