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HomeMy WebLinkAbout12/14/2004 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 14, 2004 - 7:00 p.m. STUDY SESSION - 4:00 p.m. II►11]a/1 CLOSED SESSION - 6:20 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Webb E. INVOCATION - Council Member Webb F. PRESENTATIONS Proclamation for Jacquelyn Beauregard Dillman. Mayor Ridgeway presented a proclamation to Ms. Dillman commending and thanking her for her service to the Newport Beach Public Library and the City of Newport Beach. Tom Edwards also acknowledged Ms. Dillman's efforts. Board of Library Trustees Chairman Harry Hamilton thanked Ms. Dillman for her lengthy service and the superb job that she did with the Distinguished Speakers Lecture Series. Ms. Dillman expressed her appreciation for the tribute, and stated that she is proud of her service. Corona del Mar Centennial Planning Commttee. Peggy Fort, Executive Director of the Corona del Mar Centennial Foundation, thanked the City Council for their support of the centennial and presented them with a framed, limited edition centennial poster. Additionally, she presented a stocking of gifts to each council member and stated that the items are also for sale, with the money being raised going to the foundation. She explained that the foundation is in the final stages of their fundraising campaign for the Centennial Plaza and that additional information can be obtained at www.cdm2004.com. She introduced Bernie Svalstad, Chairman of the Foundation, Linda Rasnor, Foundation Board of Directors, Tim Brown, Executive Planning Committee, and David Mueller who is assisting with the construction of the Centennial Plaza. Mr. Svalstad stated that the plans for the plaza are undergoing final review by the City and it is hoped that the plaza will be completed by the end of March. Volume 56 - Page 1374 City of Newport Beach City Council Minutes December 14, 2004 G. REORGANIZATION 1. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Motion by Mayor Pro Tern Bromberg to adopt Resolution No. 2004- 94 declaring the results of the General Municipal Election held on November 2, 2004. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 2. ADMINISTRATION OF OATH OF OFFICE. City Clerk Harkless called newly re- elected Council Members John Heffernan, Steven Rosansky and Steven Bromberg forward. She then administered the Oath of Office prescribed in the State Constitution to elected officials and presented a Certificate of Election to each. The newly re- elected Council Members were reseated at the Council dais. 3. ELECTION OF MAYOR. The City Clerk, in presiding, placed all members of the Council on an equal basis to nominate and elect. Council Member Rosansky nominated Council Member Bromberg for Mayor. Motion by Council Member Ridgeway to close nominations and vote for Mayor by acclamation. Council Member Heffernan announced that Council Member Bromberg has applied for a judgeship, which could mean that his seat on the City Council could be vacated and a determination would need to be made on how it would be filled. He stated that he just wanted to make the public aware of this. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Ridgeway, Webb, Daigle, Nichols Noes: None Abstain: None Absent: None City Clerk Harkless announced that Steven Bromberg is the new Mayor. Mayor Bromberg took his proper place at the Council table. Volume 56 - Page 1375 INDEX Certification of Election Results (39/100 -2004) City of Newport Beach City Council Minutes December 14, 2004 INDEX 4. ELECTION OF MAYOR PRO TEM. The Mayor, in presiding, placed all members of the Council on an equal basis to nominate and elect. Mayor Bromberg nominated Council Member Webb for Mayor Pro Tem. Motion by Council Member Ridgeway to close nominations and vote for Mayor by acclamation. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None City Clerk Harkless announced that Don Webb is the new Mayor Pro Tem. Mayor Pro Tem Webb took his proper place at the Council table. 5. 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 — Webb — Bromberg - Ridgeway — Daigle — Nichols. 6. REMARKS. Mayor Bromberg presented Council Member Ridgeway with a plaque recognizing his year as Mayor. He congratulated him on doing a great job. Council Member Ridgeway thanked the City Council and the citizens of Newport Beach for their support. He stated that it was a busy year, and he acknowledged the additional involvement by all of the council members in City events. Mayor Bromberg stated that 2005 will also be a busy year for the City Council with many sophisticated issues that will need to be dealt with. He specifically listed the general plan update, sphere issues and the John Wayne Airport. He acknowledged the time put in by the council members and stated that it is appreciated. Council Member Heffernan thanked the residents who had the confidence to elect him for a second term. Ile stated that he expects to do a better job during the second term because he knows the job and the staff better, and that he intends to do the best he can to provide public service and represent the entire city. Volume 56 - Page 1376 City of Newport Beach City Council Minutes December 14, 2004 INDEX Uouncn. Member Nosansky also thanked the voters for their support and those that helped him with his campaign. He stated that he looks forward to the next four years and reminded everyone that he has an open door policy. Council Member Heffernan also thanked the people who put up and took down his campaign signs. 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 Daigle requested that at the City Council meeting of January 11, 2005, an initiation of a code amendment to allow car rental agencies as a permitted use in the campus tract be agendized. • Council Member Ridgeway announced that he was on the board of directors and participated in the Orange County Marathon on December 5, 2004. He stated that it was an extraordinary event. Pacific Care was a major donor and has already committed $250,000 to next year's event. • Mayor Pro Tem Webb presented a Santa Marine figure to Council Member Heffernan and Mayor Bromberg in recognition of their support for the 1/1 Marines. • Council Member Rosansky requested that at the City Council meeting of January 11, 2005, the development of a new Council committee be agendized that would be similar to the Newport Beach/Irvine Borders Committee, but would cover Newport Beach's relationship with Costa Mesa and Huntington Beach. Council Member Ridgeway stated that a similar committee exists to address the Santa Ana River Crossing (SARX). Council Member Rosansky explained that the committee that he is proposing would cover a broader range of topics. Mayor Bromberg requested that the City Manager discuss the matter with Council Member Rosansky. • Council Member Rosansky announced that the dredge is in place and has started pumping out the 400,000 cubic yards of sediment that has accumulated in the Santa Ana River. He stated that it will be there for the next three to four months. • Council Member Heffernan requested that the City Council agenda regularly include a map showing real estate owned, directly and indirectly, by council members. He requested that it include Newport Beach and a one mile radius around the City, and explained that it would be valuable information for the public. Volume 56 - Page 1377 City of Newport Beach City Council Minutes December 14, 2004 Council Member Ridgeway noted that the information is already provided in the conflict of interest forms, which are public documents and required of all council members. Council Member Heffernan stated that his request would provide the information in a simpler fashion. • Mayor Bromberg announced that the Pt Battalion 1st Marines out of Camp Pendleton were deployed to Iraq, and that he would be obtaining their address and initiating a letter writing campaign. He acknowledged the American Legion, which donated $1,000 to the 1/1 Marines earlier in the day. • Mayor Bromberg invited everyone to visit Balboa Island at night and enjoy the holiday lights. Additionally, he announced that the Christmas Boat Parade will run from December 15th to the 1901 this year. J. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 7. Item removed from the Consent Calendar by a member of the audience. S. Item removed from the Consent Calendar by a member of the audience. ORDINANCES FOR INTRODUCTION 9. Item removed from the Consent Calendar by a member of the audience. 10. CODE AMENDMENT NO. 2004 -009 AMENDING CHAPTER 20.44 (SPECIFIC PLAN DISTRICT #7 - SANTA ANA HEIGHTS) TO BE CONSISTENT WITH CHAPTER 20.85 (ACCESSORY DWELLING UNITS), WHICH WOULD ALLOW FOR GRANNY UNITS TO BE APPROVED BY THE PLANNING DIRECTOR [PA2004 -186]. Introduce Ordinance No. 2004 -29 approving Code Amendment No. 2004- 009 and pass to second reading on January 11, 2005. ORDINANCE FOR ADOPTION 11. Item removed from the Consent Calendar by Council Member Nichols. RESOLUTIONS FOR ADOPTION 12. Item removed from the Consent Calendar by a member of the audience. 13. RESOLUTION FOR AN URBAN STREAMS RESTORATION GRANT FOR THE BUCK GULLY STABILIZATION PROJECT. Adopt Resolution No. 2004 -97 endorsing the application for an Urban Volume 56 - Page 1378 18013 �1V (100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Streams Restoration Grant. CONTRACTS AND AGREEMENTS 14. Item removed from the Consent Calendar by Council Member Nichols. MISCELLANEOUS ACTIONS 15. Item removed from the Consent Calendar by a member of the audience. 16. Item removed from the Consent Calendar by a member of the audience. 17. BUDGET AMENDMENT - SURFING /SAILING/TENNIS /SPECIAL EVENTS. Approve a budget amendment (05BA -034) in the amount of $53,724 to enhance the City's recreational programs as outlined in the staff report. is. RESPONSE TO THE STATE WATER RESOURCES CONTROL BOARD REGARDING THE NEWPORT BEACH AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS). Authorize the Mayor to send a letter to the State Water Resources Control Board (SWRCB) requesting an exception to the Ocean Plan's limitations on discharges to an Area of Special Biological Significance (ASBS) for discharges of water into the Newport Beach Marine Life Refuge ASBS. 19. Item removed from the Consent Calendar by Council Member Heffernan. Motion by Mayor Pro Tem Webb to approve the Consent Calendar, except for those items removed (7, 8, 9, 11, 12, 14, 15, 16 and 19). The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg Noes: None Abstain: None Absent: None K. PUBLIC HEARINGS Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor 20. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2005. Program Manager Berger stated that no protests to renewing the Marine Avenue Business Improvement District (BID) have been received. He introduced Sheri Drewry, BID President. Ms. Drewry thanked the City Council for their support of the BID. Volume 56 - Page 1379 INDEX (100 -2004) (100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 2004- 98 confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2005 fiscal year. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 21. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2005. Program Administrator Trimble stated that no protests to renewing the Restaurant Association Business Improvement District (BID) have been received. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 2004- 99 confirming the Restaurant Association Business Improvement District Annual Report and levying the BID assessment for the 2005 fiscal year. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None L. PUBLIC COMMENTS • Dolores Otting complimented City staff on their efficiency in handling a water pipe break in the Harbor Hills area on Saturday, December 11, 2004. She specifically acknowledged Utilities Supervisor Sankey and his crew. • Jim Hildreth displayed a photo and stated that the access to the location is in question. He explained that the City has stated that it would not allow a legitimate structure that is designed for access in the Grand Canal. He stated that he would be asking the Harbor Resources Volume 56 - Page 1380 INDEX (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 INDEX Department about the mooring structures in the Urand Uanal, and that he hoped to receive documentation that would legitimize the shore moorings that are currently in place. Tim Brown, Leadership Tomorrow Board Chairman, announced that nominations are being accepted for two leadership awards. He explained that Leadership Tomorrow gives these two awards each year, and that they are for excellence in leadership and excellence in community leadership. The excellence in leadership award is given to an individual who is affiliated with Leadership Tomorrow, and the excellence in community leadership award is open to all individuals. He stated that the board will vote on the nominations received at its meeting on January 12, 2005. He urged the City Council and the community to consider nominating an individual by contacting Jeff Parker, Leadership Tomorrow Executive Director, at 949- 729 -4408 or jp arke r(_o)newp ortbe ach. com. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Connnittee (GPUC). Mayor Bromberg explained that GPUC is the guiding committee that gave recommendations to the City Council for the 38- member General Plan Advisory Committee (GPAC). He further explained that GPAC is comprised of citizens and does not include any elected officials. Status report — Local Coastal Program Certification Committee. Council Member Ridgeway reported that the Coastal Commission is reviewing the City's application. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan reported that the NCAC met on December 6, 2004, and discussed the transfer of the maintenance of the medians, slopes and parkways to the City, approved the design drawings for the new community center, and discussed the ongoing investigation of the use of the Mello -Roos bonds. He stated that the date of the next meeting of the NCAC will be posted on the City's website. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tern Webb announced that bids for the project will be opened on December 17. 2004. Status report — City Centennial 2006 Committee. Mayor Pro Tern Webb reported that the committee has been meeting for one year and has made a number of decisions and is moving forward with preparations. Several subcommittees are being formed and information on volunteering can be obtained at www.newportbeach100.com. He stated that several events are being considered, including participation in the 2006 Rose Bowl Parade. Council Member Heffernan asked what the budget is for the centennial. Mayor Pro Tern Webb stated that the committee is planning to discuss the budget and other matters at the Study Session on January 25, 2005. He added that a significant amount of fundraising is also expected to offset the costs to the City Volume 56 - Page 1381 City of Newport Beach City Council Minutes December 14, 2004 and increase community support for the various events. Mayor Bromberg stated that a Rose Bowl Parade float would cost between $75,000 and $250,000, and is expected to be underwritten. Mayor Pro Tem Webb displayed the logos that have been developed for the centennial. Council Member Daigle stated that she is on the finance subcommittee with Barry Allen and they are also available to discuss the budget with anyone that might be interested. Status report - Santa Ana Heights Project Advisory Committee. Council Member Daigle reported that the committee met and is continuing to move forward on a number of projects, including the community center, fire station and undergrounding of utilities. Status report - Water Advisory Committee of Orange County (WACO). Council Member Nichols stated that he attended a WACO meeting. He reported that water shortage could be a problem in the future and it's important for Orange County to continue to address the issue. He stated that there is still a drought in Southern California despite the recent rains. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 22. PLANNING COMMISSION AGENDA FOR DECEMBER 9, 2004. Planning Director Temple reported that the Planning Commission held a Study Session prior to their regular meeting. She stated that at that meeting, the Planning Commission conducted a thorough review of the current proposal for Newport Lexus, and a number of items were highlighted for the applicant to do additional study on. Secondly, the Planning Commission reviewed the general plan update land use alternatives. Council Member Heffernan asked if a schedule would be provided on general plan actions. Assistant City Manager Wood stated that the calendar needs to be redone, based on what occurred at the City Council's Study Session held earlier in the day. Council Member Heffernan requested that the calendar be put together when direction is received at the Study Session on January 11, 2005. Planning Director Temple stated that at the Planning Commission's regular meeting, three items were approved. These included an off -site parking agreement for Pacific Coast Yacht Club and Charter Service, an addition to an existing cellular antenna site within the Coyote Landfill area, and increased research and development uses within an existing office building in Santa Ana Heights. Planning Director Temple stated that the Planning Commission also continued their discussions on the St. Andrews Presbyterian Church expansion, and recommended approval of the project and certification of the Environmental Impact Report (EIR). She stated that additional Volume 56 - Page 1382 II VITOR (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 information is provided in the staff report for Item No. S27 on the current meeting's agenda. In response to Council Member Heffernan's questions, Planning Director Temple confirmed that the City Council will have full public hearings on all of the project, including the operating conditions. Additionally, she confirmed that the Planning Commission's recommendation for approval hinges on the ability of the church to achieve an agreement to utilize off - site parking on the Newport Harbor High School site. City Manager Bludau stated that Item No. S27 will address the issue further. Planning Director Temple stated that the Planning Commission considers the issue to be critical and wants the City Council to discuss the timing of its consideration in relationship to when an agreement might be reached with the school district. Planning Director Temple stated that the last item on the Planning Commission's agenda was the consideration of an amended variance for a property at 3415 Ocean Boulevard. The item was continued to the Planning Commission's meeting of January 6, 2005, and the applicant was asked to further assess his request and possibly provide additional information. O. CURRENT BUSINESS 23. APPROVAL OF PURCHASE AND SALE AGREEMENT CALTRANS PARCEL DD 40766 -01 -02 — SUNSET RIDGE PARK. Motion by Council Member Ridgeway to 1) approve the Purchase and Sale Agreement for parcel DD 40766- 01 -02; 2) authorize the Mayor to execute the Purchase and Sale Agreement; and 3) approve a budget amendment (05BA -033) in the amount of $49,100 from the Unappropriated Park in Lieu Reserves, 010 -3767, to account number 7021- C5100515. In response to Council Member Nichols' question, Public Works Director Badum clarified that the parcel is northerly of the parking lot on the hospital side of Superior Avenue and is currently a vacant lot owned by the State. Council Member Nichols asked what would happen if the City did not purchase the parcel. Public Works Director Badum stated that someone else could purchase the parcel, but noted that it is currently zoned open space. City Manager Bludau stated that it was always a part of the original CalTrans West site. He added that by purchasing it, it gives the City the flexibility to do something with it in the future. Council Member Rosansky stated that it's a key parcel in the area and could potentially be incorporated into the new park that the City plans to build across the street, or it could be used to round out the existing parking lot. He concluded his remarks by stating that it's an excellent purchase for the City. Jim Hildreth stated that it should be brought to the public's attention that the money to purchase it will come from unappropriated park in lieu reserves. Additionally, he stated that there will probably be other debts Volume 56 - Page 1383 INDEX C -3743 Sunset Ridge Park/ Purchase & Sale Agreement (38 /100 -2004) City of Newport Beach City Council Minutes December 14, 2004 that will be accrued. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 24. COUNCIL CONSIDERATION OF CITY ATTORNEY CONTRACT City Manager Bludau stated that he was directed by the City Council at their meeting on November 23, 2004, to prepare a contract with Acting City Attorney Clausen. He read some of the terms of the contract and stated that it would run for eighteen months, effective December 1, 2004. Council Member Heffernan asked for an additional comment about the evaluation that would be conducted twelve months into the contract. Acting City Attorney Clauson confirmed that she agreed to the evaluation, willingly and gladly, and stated that it would be good to get some feedback from the City Council on her performance and ways to improve it. Council Member Heffernan noted that it was the Acting City Attorney that actually suggested that the evaluation be included in the contract and was not due to any skepticism by the City Council. City Manager Bludau agreed that the evaluation was appropriate and was also included in the previous City Attorney's contract, as well as his own current contract. Mayor Bromberg stated that Acting City Attorney Clauson has been with the City in the City Attorney's office for approximately fifteen years and is an incredibly capable attorney. Jim Hildreth stated that he recommended Ms. Clauson for the City Attorney position when the former City Attorney announced his retirement. He expressed his support for approving the agreement. Motion by Council Member Rideewa to approve the agreement as recommended by the City Attorney Recruitment Committee. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 25. PROPOSED COUNCIL POLICY B -17 — ACCEPTING DONATIONS TO RECREATION & SENIOR SERVICES RELATED ACTIVITIES. City Manager Bludau stated that two City Council policies are on the current meeting's agenda, and that they include Council Policy B -17 and Volume 56 - Page 1384 INDEX C -3744 City Attorney Employment Agreement (38/100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Council Policy G -5. He noted that Mayor Pro Tem Webb has provided comments on changes that he'd recommend for both policies and has expressed the desire to continue both items to allow staff time to look at the recommended changes. Motion by Mayor Pro Tern Webb to continue the item to January 25, 2005- The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 26. COUNCIL POLICY G -5 CHANGES. Motion by Mayor Pro Tern Webb to continue the item to January 25, 2005. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 527. RECOMMENDATION OF THE PLANNING COMMISSION ON THE CITY COUNCIL'S CONSIDERATION OF THE ST. ANDREWS PRESBYTERIAN CHURCH EXPANSION PROJECT. Mayor Bromberg stated that he has heard from both sides of the issue, and both have suggested that the item be continued. Planning Director Temple referred to the four alternatives presented in the staff report. She stated that staff has not made a specific recommendation, but has provided the City Council with some options to consider. She added that the Planning Commission did require, as a part of their recommendation for approval, that a 30 -year agreement providing an increase in parking supply at Newport Harbor High School be approved by the Planning Commission prior to the issuance of any permits. Additionally, they recommended that the City Council consider how the actions would be timed. Assistant City Manager Wood added that the Planning Commission is recommending that the City Council select option number two in the staff report, which is to delay scheduling of the hearing until the parking agreement is reached and approved by the Planning Commission. Mayor Bromberg asked if option number two would impact the church's discussions with the school district. City Attorney Clauson stated that the applicant indicated to the Planning Commission that they were willing to postpone the hearing before the City Council until they were Volume 56 - Page 1385 INDEX (100 -2004) (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 INDEX able to work with the school district. She noted that the delay of the hearing before the City Council is contingent on the applicant's agreement to do so. Council Member Nichols noted that the City has had difficulty reaching an agreement with the school district on the loop road in Newport Coast. He asked why the City would expect the church to be successful. Mayor Bromberg pointed out that it's a different issue. Philip Bettencourt, representing St. Andrews Presbyterian Church, stated that the church is looking forward to its continuing work with the Newport -Mesa Unified School District. He stated that another option for the City Council to consider would be to make a determination on the Environmental Impact Report (EIR) prior to reviewing the application. He stated that it would be helpful for the church to know if there are any lingering issues. Lastly, the church does not feel that a Study Session would be necessary. Mayor Bromberg asked if anything had been scheduled with the school district yet. Mr. Bettencourt stated that the matter could be discussed by the district in closed session since it is a real estate matter, so he could only say that the church is working through the school district's designated officers and that they have exchanged drawings of the campus. Council Member Heffernan asked when Mr. Bettencourt felt a decision by the school district would be made. Mr. Bettencourt didn't know, but confirmed that the church is working hard and has been since submitting its application nearly two years ago. Council Member Heffernan noted that it could take a long period of time for an agreement with the school district to be reached. Council Member Ridgeway stated that the school district is trying to analyze the improvements to their benefit, not the church's, and that they have an interest in additional parking. He expressed his confidence that the church will let the City know if negotiations begin to falter. Mr. Bettencourt stated that there is an opportunity to improve neighborhood parking at no cost to district taxpayers. Donald Krotee, Newport Heights Improvement Association President, stated that the neighborhood is in support of the Planning Commission's recommendation to delay the City Council public hearing until the school district considers the matter publicly. He expressed his dismay that one of the Planning Commissioners stated that he supported the project, and then asked the applicant not to build it because of the size and the animosity that it had created in the neighborhood. Mr. Krotee stated that the school district desires to expand their after school programs, and the church's expansion project focuses on the youth. He stated that this might result in a cooperative joint use. Mayor Bromberg asked Mr. Krotee what his position was on the City Council certifying the EIR separate from reviewing the application. Volume 56 - Page 1386 City of Newport Beach City Council Minutes December 14, 2004 INDEX Mr. Krotee stated that the neighborhood's consultant's latest comments about the EIR have not been responded to and that there are concerns about the air quality calculations. For this reason, he would not expect the City Council to certify the EIR. In response to Mayor Brombergs question, Mr. Krotee stated that the consultant's comments were submitted to the Planning Department on December 9, 2004. Jim Hildreth mentioned separation between church and state, and that the City has a parking agreement with a local church. He stated that he supports children and education, but he thinks there should be a limit. Council Member Ridgeway asked Mr. Bettencourt if he would be in agreement with the public hearing before the City Council being postponed. He added that he could not support certifying the EIR separately, until the issues about the air quality aspects have been responded to. Motion by Council Member Rid eway to delay the scheduling of the public hearing until an off -site parking agreement is approved by the Planning Commission. Mr. Bettencourt stated that he agrees with a postponement and would provide any documentation deemed necessary by the City Attorney's office. Mayor Pro Tom Webb agreed with Council Member Ridgeway that it would not be beneficial to look at the EIR document separate from the other documents. Additionally, when the matter is considered by the City Council, he suggested that the church provide additional information on what is being proposed and what the true impacts of the various aspects would be. Council Member Heffernan asked if the information provided by the Planning Commission is detailed enough that the City Council could approve the parking agreement at the same public hearing when the application is considered, instead of the matter returning to the Planning Commission and delaying the church further. Planning Director Temple stated that the Planning Commission was very specific on the minimum number of parking spaces that should be required, but also felt very strongly that they wanted to review the actual terms of the agreement. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Mayor Bromberg recessed the meeting at 9:00 p.m. and reconvened the meeting at 9:10 p.m. with all council members present (Council Member Heffernan arrived during the discussion of Item No. 8). Volume 56 - Page 1387 City of Newport Beach City Council Minutes December 14, 2004 P. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 23, 2004. Jim Hildreth referred to page 1352 of the November 23, 2004, regular meeting minutes and stated that his comments about the movie, "Liar, Liar ", were not included. He stated that the rest of his comments did appear to be recorded correctly. Secondly, he referred to page 1356, and stated that the use of the word "it" was ambiguous. Lastly, on page 1357, he stated that his reference to a "slush fund" should have been included. Motion by Mayor Pro Tern Webb to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 8. READING OF ORDINANCES AND RESOLUTIONS. Jim Hildreth stated that this item should be approved at the beginning of the meeting, but if pulled from the Consent Calendar, it is not considered until the end of the meeting. He stated that this contradicts what the purpose of the agenda item is and that Items Removed from the Consent Calendar should be moved back to the beginning of the agenda. It was agreed that a motion was not necessary, since the action was to waive reading in full of all ordinances and resolutions under consideration, and direct the City Clerk to read by title only. 9. SETTING A PUBLIC HEARING TO CONSIDER THE AWARD OF A NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO ROBERT'S WASTE AND RECYCLING, INC. Jim Hildreth stated that the City has a great deal of waste collection organizations and that instead of awarding more contracts, the City should require that the existing ones pick up after themselves. Motion by Council Member Ridgeway to adopt Resolution of Intention No. 2004 -95 to award a Non - exclusive Solid Waste Franchise to Robert's Waste and Recycling, Inc. and schedule a public hearing on January 11, 2005; and 2) introduce Ordinance No. 2004 -28 granting a Non - exclusive Solid Waste Franchise to Robert's Waste and Recycling, Inc. and pass to second reading on January 11, 2005. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Volume 56 - Page 1388 INDEX Solid Waste Collection Franchise (42/100 -2004) City of Newport Beach City Council Minutes December 14, 2004 Bromberg Noes: None Abstain: None Absent: None 11. FATS, OIL AND GREASE (FOG) CONTROL ORDINANCE. Council Member Nichols stated that his problem with the proposed ordinance is that, ultimately, some food service establishments will not be required to install a grease control trap. Additionally, he stated that in Section 14.30.035(2), it appears that all four conditions must exist in order for a waiver to be granted. Council Member Nichols stated that the intent is that any of the conditions must exist for a waiver to be granted. He suggested that the wording be changed from "the following conditions exist" to "any of the following conditions exist ". City Manager Bludau agreed that the change would clarify the intent of the waiver. Council Member Nichols stated that the laws have to treat everybody equally and the proposed ordinance does not. City Manager Bludau stated that the law does not require that everybody be treated equally and that's why there is the grandfather status. He added that the Regional Water Quality Control Board isn't requiring that every restaurant put in a grease trap, based upon the realization that such a requirement would put some restaurants out of business. Council Member Nichols agreed that such restaurants should be helped, but that everyone must ultimately be treated equally in order for the law to be legal. City Attorney Clauson stated that the proposed ordinance is legal. Mayor Pro Tem Webb asked if the suggested change in the language by Council Member Nichols would be considered clerical and not require that the ordinance be reintroduced. City Attorney Clauson responded in the affirmative and stated that it would be considered a clarification. Motion by Council Member Rideeway to adopt Ordinance No. 2004- 27 amending Chapter 14.30 of the NBMC to reflect new wastewater system requirements of the Regional Board and adding the words "any of to Section 14.30.035(2). Jim Hildreth stated that he would expect that the City would want to help a business from being put out of business if the business is required to put in a grease trap. He referred to Section 14.30.060(B)(1) and stated that a $25,000 violation per day would put a business out of business. He stated that the City should be encouraging businesses not to pollute and not just punish them. City Manager Bludau explained that the $25,000 violation mentioned by Mr. Hildreth is a requirement of the Regional Water Quality Control Board. Council Member Ridgeway noted that the proposed ordinance was actually drafted by the Orange County Sanitation District with over thirty cities providing input. The motion carried by the following roll call vote: Volume 56 - Page 1389 INDEX (100 -2004) City of Newport Beach City Council Minutes December 14, 2004 12. 14. Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None INDEX RESOLUTION UPDATING THE LIST OF DESIGNATED 2005 Designated EMPLOYEES FOR 2005 UNDER THE CITY S CONFLICT OF Employees List INTEREST CODE. (66/100 -2004) Jim Hildreth stated that Exhibit A isn't clear and the meaning of the assigned disclosure categories aren't defined. Motion by Mayor Pro Tern Webb to adopt Resolution No. 2004 -96 adopting the 2005 Designated Employees List, as amended by the City Clerk. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 44TH STREET TIDAL VALVE REPLACEMENT — AWARD OF CONTRACT (C- 3717). Council Member Nichols asked if the valve replacement was for a check valve in a sewer. Public Works Director Badum stated that it's actually a large electrically- operated gate valve that is used at the storm drains when the tide comes in. Council Member Nichols asked if these are located throughout the basin. Public Works Director Badum stated that most of the areas that have them are on the peninsula and on Balboa Island. Mayor Pro Tem Webb added that there are over 75 valves operated by the General Services Department on a regular basis whenever there is a high tide. Council Member Nichols asked how large the valves are. Public Works Director Badum stated that it depends upon the size of the storm drain, however, the one under consideration services two storm drains. Motion by Council Member Rideewav to 1) approve the plans and specifications; 2) award the contract (C-3717) to GCI Construction Inc. for the total bid price of $61,400 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $5,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (05BA -031) appropriating $36,400 from the Unappropriated Tide and Submerged Land Surplus Fund Balance, 230 -3605, to the Tidal Valve Replacement Program, 7231- C3170722. Volume 56 - Page 1390 C -3717 44th Street Tidal Valve Replacement (38/100 -2004) City of Newport Beach City Council Minutes December 14, 2004 INDEX The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 15. PURCHASE OF HIGH SPEED COLOR IMAGING SYSTEM. (100 -2004) Jim Hildreth stated that he pulled the item, but that the matter has been resolved. Motion by Council Member Ridgeway to 1) approve the purchase of a Konica Colorforce 8050 High Speed Color Imaging System from Century Business Services, Inc.; and 2) authorize a budget amendment (05BA- 030) appropriating $38,650 from unappropriated General Fund reserves to Account No. 7017- C0620801. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 16. SOLE SOURCE PURCHASE OF THREE FIRE ENGINES. (100 -2004) Jim Hildreth stated that he supports the Fire Department, but asked if the three fire engines were replacing fire engines or adding new fire engines, and if they are replacing existing fire engines, he asked where the old ones would be going. General Services Director Niederhaus stated that it's a one - for -one replacement. Motion by Council Member Rosansky to 1) authorize the purchase of three (3) fire engines from American LaFrance of Los Angeles for a purchase price of $1,026,759; and 2) approve a budget amendment (05BA- 032) in the amount of $31,759 to fund the additional cost of the engines due to an upgrade of the body composition and increases in material costs. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 19. REPORT ON INFORMATIONAL ISSUES REQUESTED BY (100 -2004) COUNCIL MEMBER HEFFERNAN. Volume 56 - Page 1391 City of Newport Beach City Council Minutes December 14, 2004 Council Member Heffernan stated that he waives his comments. Motion by Council Member Rideewav to receive and file the report. The motion carried by the following roll call vote: Ayes: Heffernan, Rosanskv, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT at 9:30 p.m The agenda for the Regular Meeting was posted on December S, 2004, at 4:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on December 10, 2004, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. CAN U "� X%' City Clerk Recording Secretary Gr Mayor Volume 56 - Page 1392 INDEX City of Newport Beach City Council Minutes December 14, 2004 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 56 - Page 1393