Loading...
HomeMy WebLinkAbout04/13/2004 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 13, 2004 - 7:00 p.m. - 4:00 p.m. CLOSED SESSION - 6:10 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT - Mayor Ridgeway announced that the City Council, by unanimous vote, approved a settlement of the Catz litigation in the sum of $50,000. The City Council took no reportable action in the Ciraulo litigation. The City Council met with, and gave direction to, its labor negotiators with respect to the Marine Safety Officers Association. D. PLEDGE OF ALLEGIANCE - Council Member Bromberg E. INVOCATION - Student Rabbi Darah Lerner, Shir Ha -Ma'a lot Temple F. National Library Week Proclamation. Mayor Ridgeway presented a proclamation to Harry Hamilton, Board of Library Trustees Chairman, and Linda Katsouleas, Library Services Director, proclaiming April 18 - 24, 2004, as National Library Week @ Your Library. As part of the celebration, Council Member Webb announced that he would be reading a story on April 20, 2004, at 10:30 a.m. at the Mariners Library. The public is encouraged to attend and bring their children. American Legion Proclamation. Mayor Ridgeway presented a proclamation to Randy Eling of American Legion Post 291, proclaiming that April 22, 2004, is to be celebrated as the birthday of American Legion Post 291 Newport Harbor, California. Mr. Eling stated that American Legion Post 291 is comprised of 4,000 people and that they are available to serve the community. Fair Housing Month Proclamation. Mayor Ridgeway read from the proclamation and proclaimed that the month of April is declared as Fair Housing Month. Harborside Restaurant Grand Opening Proclamation. Mayor Ridgeway Volume 56 - Page 816 INDEX City of Newport Beach Regular Meeting April 13, 2004 INDEX presented a proclamation to David Salisbury congratulating him and Doug Salisbury on their new restaurant and wishing them much success in the future. Mr. Salisbury stated that he felt that the Harborside Restaurant would be making a nice contribution to the Balboa Peninsula and that they were proud to be there. Earth Day Proclamation. Mayor Ridgeway presented a proclamation to Stephanie Barger, Earth Resources Foundation, and Dennis Baker, Coastal/Bay Water Quality Citizens Advisory Committee, proclaiming that April 22, 2004, is to be celebrated as Earth Day. Ms. Barger announced that the 2nd Annual "Hold On to Your Butt" beach cleanup will be held on April 17, 2004. On the same day, the University of California at Irvine (UCI) will hold an Earth Day event from 11:00 a.m. to 4:00 p.m., and on May 1, 2004, the Great Earth Walk will take place. Mr. Baker thanked the City Council and the City staff. Presentation of Check from Library Foundation. Harry Hamilton, Board of Library Trustees Chairman, introduced Renee Hartwig of the Library Foundation, and stated that the Foundation conducts the fundraising efforts for the Newport Beach Public Library System. He acknowledged the $10,000 gift from Bobbit & Bill Williams for wireless technology at the library. Mayor Ridgeway expressed the City Council's appreciation to the Foundation. Mr. Hamilton announced that the tenth year anniversary of the Central Library will be celebrated this summer. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (VON- DISCUSSION ITEM): Council Member Heffernan stated that the library brochure that was distributed earlier in the meeting is very informative. He suggested that it be distributed to the public. Council Member Heffernan announced that the Friends of the Library are in need of books. More information can be obtained by calling 949- 759 -9667. Council Member Heffernan requested that the issue regarding tree trimming and removals be addressed at a future City Council meeting. City Manager Bludau reported that at the City Council meeting on April 27, 2004, Council Policy G -1, Retention or Removal of City Trees, would be discussed. He suggested that Council Member Heffernan's request be agendized after this information is presented. Council Member Heffernan stated that if money will need to be set aside in the 2004 -2005 budget, it will need to be addressed at that meeting. Council Member Rosansky announced that the St. Andrews Church Environmental Impact Report (EIR) is available for review and a public meeting will be held on April 20, 2004, at 7:00 p.m. at the St. Andrews Church to discuss it. Volume 56 - Page 817 City of Newport Beach Regular Meeting April 13, 2004 INDEX Council Member Bromberg announced that the Relay for Life is sponsored by the American Cancer Society and this year's event in Newport Beach will be held on May 14th and 15th at Newport Harbor High School. He encouraged the public to participate. More information can be obtained by calling Stephanie Taylor at 949 - 567 -0611. • Council Member Bromberg announced that close to 90 people attended the town hall meeting on Balboa Island to discuss the streetscape on Marine Avenue. He stated that an update will be provided in the upcoming issue of the Island Bridge, and that the focus is on keeping the charm and character of Balboa Island. • Council Member Webb announced that the opening of the Newport Seabase will take place on April 17, 2004, beginning at 8:30 a.m. He stated that there will be activities throughout the day and a dedication ceremony will take place at 12:30 p.m. The public is welcome and encouraged to attend. • Mayor Ridgeway stated that another contributor to the defibrillators for the Police Department was Bob Greenberg, who is on the board of directors for the Orange County Chapter of the American Heart Association. • Mayor Ridgeway announced that Aaron Israel, President of the Youth Council, is inviting the council members to a program entitled "Structures in Education ", which will be held on April 14, 2004, at 7:00 p.m. at the Sutton Place Hotel. Mayor Ridgeway additionally announced that Youth Government Day will be taking place on April 20, 2004. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR INTRODUCTION a. Item removed from the Consent Calendar by Council Member Nichols. ORDINANCE FOR ADOPTION 4. Item removed from the Consent Calendar by Council Member Nichols. RESOLUTIONS FOR ADOPTION 5. Item removed from the Consent Calendar by Council Member Volume 56 - Page 818 City of Newport Beach Regular Meeting April 13, 2004 WIa/ Volume 56 - Page 819 Nichols. 6. ESTABLISHMENT OF NEWPORT BEACHARVINE BORDERS (100 -2004) COMMITTEE. 1) Adopt Resolution No. 2004 -29 establishing the Newport Beach/Irvine Borders Committee; and 2) approve the Mayor's appointment of Mayor Ridgeway, Mayor Pro Tem Adams and Council Member Heffernan. CONTRACTS AND AGREEMENTS 7. MARINERS PARK TENNIS COURTS — REJECT ALL BIDS FOR C -3662 CONTRACT NO. 3662 (C- 3662). Reject all bids received for C -3662 and Mariners Park authorize staff to re- evaluate project design and re- advertise the project Tennis Courts at a later date (38/100 -2004) 8. Item removed from the Consent Calendar by a member of the audience. MISCELLANEOUS ACTIONS 9. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE (100 -2004) NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE & OPERATIONS BUDGET FOR FY 2003/04. Approve a budget amendment (04BA -043) in the amount of $10,000. 10. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES (100 -2004) WITH AN UNANTICIPATED REVENUE OF DIRECT LOAN REIMBURSEMENT FROM THE STATE OF CALIFORNIA AND TO APPROPRIATE SPECIFIED FUNDS TO THE GENERAL FUND. Approve a budget amendment (04BA -044) to increase revenue estimates by $217,074.60, total amount of CSLA direct loan payments to the Newport Beach Public Library, and to appropriate $100,000 to CIP budget 7017- C4009617. 11. ACCEPT ASSISTANCE TO COMMUNITY EMERGENCY (100 -2004) RESPONSE TEAMS (CERT) GRANT. 1) Accept the '02 Federal Emergency Management Agency Supplemental Grant for CERT for $5,010 in funding for the CERT program; and 2) approve a budget amendment (04BA -045) increasing revenue estimates by $5,010 in 2354- 4894 and appropriating those funds into Fire Department Account 2354- 82002. 12. Item removed from the Consent Calendar by Council Member Rosansky. 13. Item removed from the Consent Calendar by a member of the audience. 14. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (100 -2004) (PA2003 -255). Continue to April 27, 2004. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except Volume 56 - Page 819 City of Newport Beach Regular Meeting April 13; 2004 the items removed (1, 3, 4, 5, 8, 12 and 13). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None J. PUBLIC HEARINGS 15. CALL FOR REVIEW OF ZINC CAFE AND MARKET AMENDMENT TO USE PERMIT NO 2001 -040 (PA2003 -225) — 3222 EAST COAST HIGHWAY. Planning Director Temple stated that the applicant's request was to make two changes to their existing use permit. The first change was to allow the sale and service of alcoholic beverages for onsite consumption, and the sale of alcoholic beverages through a retail facility for offsite consumption. Secondly, the applicant requested that the hours be extended from a 6:00 p.m. closing to a 10:00 p.m. closing. Planning Director Temple reported that due to concerns about parking in the area, the Planning Commission approved a closing time of 8:30 p.m. Council Member Heffernan asked why the Planning Commission approved the waiver of 18 parking spaces with the initial use permit. Planning Director Temple stated that the Planning Commission felt that there would be a great deal of walk -in activity and that, additionally, there was sufficient parking in the area to support the use. She added that this was done on the condition that the facility close at 6:00 p.m. Council Member Heffernan asked what has actually occurred during the operation of the restaurant and, specifically, where the patrons park and what the impact has been on the surrounding neighbors. Planning Director Temple stated that a study on where the patrons park has not been done, but that public testimony and correspondence is included with the staff report. Council Member Bromberg confirmed that the initial use permit was approved in January of 2002, and asked if there had been a change in circumstances that would justify an extension of the closing time. Planning Director Temple responded in the negative and, specifically, stated that there had not been an increase to the parking supply or a closure of any of the restaurants in the area. Council Member Nichols asked if the initial use permit included a condition that the employees be required to park in the public lot across Coast Highway. Planning Director Temple stated that the condition required that all employees be provided with blue meter parking permits. It was assumed that with these free permits, the employees would use the public lot. She stated that follow -up studies would be difficult and have not been done. Council Member Nichols confirmed that the Planning Commission did receive testimony that some of the employees Volume 56 - Page 820 INDEX (100 -2004) City of Newport Beach Regular Meeting April 13, 2004 IQ 11 are parking on the same side of the street as the caf6. In response to Council Member Rosansky's questions, Planning Director Temple stated that the food operation hours were approved to 6:00 p.m. and the retail and coffee bar hours were approved to 10:00 p.m. in the initial permit. Mayor Ridgeway opened the public hearing. Jim Hildreth stated that it would be easy to determine where the patrons are parking. He noted that parking is a luxury and a limited commodity in Newport Beach, and that possibly a program should be developed that could be used at other restaurants. He asked if the employees were using parking spaces that could be used by the general public. John Secretan, owner of Zinc Caf6, stated that he submitted his request because he found that his Corona del Mar location did not have the morning and afternoon business that his other locations did, so in an attempt to increase revenue, he asked that his hours be extended. He noted that any business, especially a restaurant, will have an impact on the surrounding neighborhood, but that businesses, such as his, will be essential to the creation of the village atmosphere being anticipated with the remodeling of Corona del Mar. Mr. Secretan stated that the complaints being received about the Zinc Caf6 are from the immediate area. Those that support the business, are speaking for a larger portion of the community. To address the issue of parking, all employees are now required to park on Bayside and a sign will be placed in the parking lot asking patrons to be courteous of the neighbors. Mr. Secretan did not see noise as an issue at his restaurant. He also felt that the impact of deliveries was minimal. In conclusion, he stated that he intends to be a good neighbor, feels that an 8:30 p.m. closure is reasonable, and that the sale of beer and wine is an integral part of any restaurant. Council Member Heffernan confirmed that Mr. Secretan agrees with the condition to have the restaurant empty and closed by 8:30 p.m. In addition, Mr. Secretan explained that the request to sell alcohol for offsite consumption was made as a convenience for their customers and to provide an atmosphere of complete service. In response to Council Member Bromberg's questions, Mr. Secretan stated that his caf6 has 60 chairs. He stated that on the weekends, business is great, but that midweek, it is not consistent. Council Member Nichols stated that the setback in the alleys in Corona del Mar is supposed to be ten feet for deliveries, but that the Zinc Cafe does not have this. He asked if the alley is blocked when deliveries are made. Mr. Secretan stated that there are ways to get around the trucks and it doesn't appear to have been much of a nuisance. Council Member Nichols suggested that the City look into this when restaurants are licensed. Mayor Pro Tem Adams asked what the previous entitlement for the Zinc Caf6 property was. Planning Director Temple stated that it was for a Volume 56 - Page 821 City of Newport Beach Regular Meeting April 13, 2004 INDEX retail garden shop and prior to that, for auto sales. She added that the auto sales required a use permit, the garden center did not. Mayor Pro Tem Adams asked what the potential for unmet parking demand was. Planning Director Temple stated that she recalls that it was nonconforming, but not to the extent that the waiver of parking for the Zinc Cafe is. Mayor Pro Tem Adams expressed his concern that the entitlement that's been given to the Zinc Cafe could be transferred to a different business owner and a different business. City Attorney Burnham confirmed that the use permit runs with the land, but stated that possibly the operational characteristics of the Zinc Cafe and Market could be identified as a part of the approval granted for the use permit and then an amendment to future use permits would be required if any change to the operational characteristics is made. Mayor Pro Tem Adams agreed that it would be beneficial to constrain subsequent uses as much as possible. Planning Director Temple added that a very specific floor plan was identified in the original use permit, and that any changes would require an amendment to the use permit. Lastly, she corrected an earlier statement that she made, and stated that the employees are required to park in the public lot on Bayside. Mel Feldman stated that he enjoys going to the Zinc Cafe. In regard to the parking issue, he didn't feel that it was a problem. He expressed his support for the applicant's request. Brent Davis stated that this type of business should be encouraged in Corona del Mar. He felt that a 10:00 p.m. closure could have been approved and doesn't feel that parking is an issue. Kathleen Blank stated that she frequently walks to the Zinc Cafe. She urged the City Council to extend their hours of operation. P. J. Jahangiri stated that the Zinc Cafe atmosphere is unique and that he also walks there. He stated that the extension of the hours would allow for takeout dinners. Rhonni Kitchen also didn't feel that parking is an issue, and feels that the community needs this type of restaurant and community spirit. Pamela Fray stated that many of the patrons and employees park in front of her house. She didn't feel that waiving the parking requirements was fair. She stated that extending the hours of operation will only worsen the situation and invade on her privacy even more. Ms. Fray stated that the Zinc Cafe is a great place, but that there's no solution to the parking problem. She noted the petition from the residents in the immediate area. Robert Greene also noted the petition from more than 28 residents, and stated that parking is an issue. He stated that the employees are not parking in the public lot and that deliveries are a problem. Mr. Greene pointed out that the owner of the property owns the property free and clear, and questioned the owner of the Zinc Cafe claiming financial hardship, without any apparent attempts to renegotiate his lease. Mr. Greene stated that it isn't fair for the residents in the area to have to deal Volume 56 - Page 822 City of Newport Beach Regular Meeting April 13, 2004 with commercial parking. ff X11 BR Mayor Pro Tem Adams asked if Mr. Greene noticed any difference in the past week, referring to Mr. Secretan's earlier comment that he now requires his employees to park on Bayside. Mr. Greene stated that he has not been available to make such an observation. Mary Anderson stated that she frequents the Zinc Cafe, and feels that it encourages conversation and community. She'd like to see more of this in Corona del Mar. Debbie Ashton stated that most of her concerns have already been addressed. She stated that when the employees don't park in the neighborhood, it improves the situation greatly, but questioned what assurance the residents would have that this would continue. Ms. Ashton also wanted assurance that the operation wouldn't become more bar oriented. Mayor Ridgeway asked Ms. Ashton if she had a garage. She stated that she has a two -car garage, but that her tenants also need parking. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Council Member Nichols expressed his pleasure that everyone can get together and discuss the issue. He stated that during prior discussions affecting Corona del Mar, it was stated that the residential community was strong, but that the business community wasn't up to par. He stated that the Zinc Cafe provides a desired aspect to the community, but that care must be taken to make sure that the business community doesn't get overdeveloped and that required parking spaces are provided, so that the residential community isn't ruined. Council Member Nichols noted that many businesses are grandfathered and have had parking and noise problems for years. Motion by Mayor Pro Tem Adams to uphold the decision of the Planning Commission to approve an amendment to Use Permit No. 2001- 040 to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place). Council Member Bromberg stated that giving away 18 parking spaces in an area that doesn't have adequate parking is cause for concern. He stated that it shouldn't be done lightly and care should be taken not to set a precedent. He expressed his support for both the business and residential communities, and noted the 28 form letters that were submitted in opposition to the use permit amendment, but stated that he only heard opposition from a couple of people at the current meeting. Council Member Heffernan asked how the City would be dealing with the fact that the use permit runs with the land. Mayor Ridgeway stated that the Planning Director earlier reported that any deviation from the site plan would require an amendment to the use Volume 56 - Page 823 City of Newport Beach Regular Meeting April 13, 2004 permit. Mayor Pro Tern Adams additionally noted Condition No. 18, which states that any change in the operational characteristics, hours of operation, expansion in public area or other modification to the floor plan shall require an amendment to the use permit or the processing of a new use permit. City Attorney Burnham suggested that the City Council add a condition that requires the permittee to adopt, maintain and strictly enforce a condition of employment that requires the employees to park at the municipal lot on Bayside or on Bayside. Amended motion by Mayor Pro Tern Adams to uphold the decision of the Planning Commission to approve an amendment to Use Permit No. 2001 -040 to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place), as amended to add a condition that requires the permittee to adopt, maintain and strictly enforce a condition of employment that requires the employees to park at the municipal lot on Bayside or on Bayside. Council Member Webb also noted Condition No. 28, which states that the City Council or the Planning Commission can modify or revoke the use permit if it is determined that proposed uses are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. Council Member Webb stated that he was impressed with those who spoke in support of the amendment at the current meeting, and stated that it sounds like it's the type of restaurant that the residents in Corona del Mar need. Mayor Ridgeway stated that he was also impressed with those who spoke in opposition to the amendment and their admission that the Zinc Cafe is a quality restaurant and important to the fabric of Corona del Mar. The amended motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None As a continuation of the earlier City Council announcements, Council Member Bromberg stated that the Vietnam Wall Experience would be on display at Pacific View from April 16 to 18, 2004. He stated that additional information can be obtained by calling 949 - 644 -2700. 16. REVIEW OF THE FY 2004 -2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Economic Development Program Administrator Trimble reported that at the current meeting, the City Council is to consider the public service Volume 56 - Page 824 INDEX (100 -2004) City of Newport Beach Regular Meeting April 13, 2004 INDEX portion of the CDBG program and the allocation of 15% of the total annual budget of $437,000 to five different grantees. The grantees include WISE Place, Orange Coast Interfaith Shelter, Serving People in Need (SPIN), FISH Harbor Area and Mercy House. He stated that money would also be allocated to the Fair Housing Council of Orange County from the administration budget. Program Administrator Trimble stated that the entire action plan will be considered by the City Council at its meeting on May 11, 2004. Council Member Nichols referred to the staff report and the list by priority need level of the various public services. He stated that the City is being generous and asked how the funds are granted. Mayor Ridgeway explained that the terms and conditions of the CDBG grants dictate that the City must give a certain amount of money to these types of organizations. Assistant City Manager Wood stated that one of the terms of the CDBG is that the City provide fair housing services. Additionally, she noted that the 15% to social services is the maximum allowed. There isn't a minimum requirement. Council Member Nichols expressed his concern that the City is setting a precedent by funding group homes at such a high level. Assistant City Manager Wood stated that the staff recommendation for funding levels is consistent with what has been provided in the past. Mayor Ridgeway added that the City Council has chosen to give the maximum amount allowed to social services. City Attorney Burnham further noted that the item being discussed should be separated from that of group homes. Mayor Ridgeway opened the public hearing. Jim Hildreth stated that the services provided by Save Our Selves (SOS) have decreased. He stated that other communities provide more services and the City of Newport Beach is lacking. He suggested that the actions of Laguna Beach be reviewed. Jean Wegener, Executive Director of SPIN, thanked the City's staff for its funding recommendation for SPIN. She stated that SPIN has over 300 volunteers, who have donated over 4,000 hours to SPIN over the past year. She asked the City Council to support the staff recommendation and expressed her gratitude for the past support. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Council Member Heffernan questioned the $72,000 spent annually to administer the $437,000 budget. Program Administrator Trimble stated that up to 20% of the budget can be spent on administration, and explained that the reporting requirements are extensive. Motion by Council Member Bromberg to approve the recommen- dations for funding and schedule the revised Action Plan for City Council approval at the May 11, 2004 public hearing. Volume 56 - Page 825 City of Newport Beach Regular Meeting April 13, 2004 90MIT5.9 The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Robert Walchli stated that the difference between the proposed hotels at Lido Village and Marinapark is that Lido Village is located on private property, and Marinapark is located on public property and is the last developable public bayfront land in the City. He noted the Balboa Bay Club and stated that the City must not allow Marinapark to be turned into another enclave of the ultra rich. He further noted a recent editorial in the Daily Pilot by Steven Sutherland and stated that if his perception of Marinapark is wrong, it is due to Mr. Sutherland's failure to adequately inform residents of the issues. Mr. Walchli stated that he is not a member of Greenlight and is not against development, but that he is opposed to the private usurpation of public land for personal profit. He stated that Mr. Sutherland should not be allowed to be in control of public land. He encouraged everyone to vote no on the development in November. Hunter Stroman, Manager of Marina Water Sports, stated that there is an overpopulation of pigeons in the Balboa area because of the many people that feed the birds. He stated that the fecal matter is hazardous to the visitors and creates a water quality problem. Mr. Stroman suggested that feeding of pigeons be prohibited. He noted that he was aware of the ordinance disallowing the feeding of waterfowl. Mayor Ridgeway requested that staff look into the matter and agreed that it is creating a problem. City Manager Bludau stated that he spoke with code enforcement earlier in the day and staff will come back to the City Council with a recommendation. Greg Schwenk, Executive Director of the Newport Beach Film Festival, announced that this year's film festival begins this week. It is the 5th annual and is expected to be the biggest and the best yet. He thanked the City Council, the citizens of Newport Beach, City staff and several other entities and individuals for their support. Mr. Schwenk listed the many events that will take place at this year's film festival. Mayor Ridgeway acknowledged Mr. Schwenk and, on behalf of the City Council, wished him success on the 5th annual event. Jim Hildreth stated that his comments will again address the ongoing rhetoric on the City Council's website concerning himself. He stated that the statement about Jim Hildreth wanting to build a pier in the mooring location is incorrect. He displayed photos and stated that the structures are not piers, they are platform and steps for accessing the Grand Canal. Volume 56 - Page 826 City of Newport Beach Regular Meeting April 13, 2004 He stated that the City's refusal to allow these access structures due to navigational concerns is unwarranted and a lie. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor Pro Tem Adams reported that GPUC met on April 12, 2004, to review the first in a series of papers that outlines the guidelines for the development of the general plan update. The committee also reviewed applications and made recommendations to fill the vacancies on the General Plan Advisory Committee (GPAC), which would be considered at the current meeting during Item No. 19. Status report - Ad Hoc General Plan Advisory Committee (GPAC). Assistant City Manager Wood additionally reported that GPAC met on April 12, 2004, and also reviewed the discussion paper regarding guiding principles on economic development. Status report - San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors. Mayor Pro Tem Adams stated that the Transportation Corridor Systems board voted to continue the action on the consolidation until next month. Status report - Local Coastal Program Certification Committee. Mayor Ridgeway stated that the Local Coastal Plan will be reviewed again by the Planning Commission on April 22, 2004, at 6:30 p.m. Status report - Newport Coast Advisory Committee (NCAC). Council Member Heffernan stated that there is controversy regarding new hotel development, the new traffic signal on Newport Coast Drive, the new electric poles in Los Trancos Canyon and the extensive grading occurring in the area. Assistant City Manager Kiff reported that those same issues were the ones discussed at the NCAC's most recent meeting. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb announced that the next meeting of the committee will be held on April 14, 2004, at 3:30 p.m. at Mariners School multipurpose room. He stated that the public is invited to attend. The groundbreaking for the library will occur on June 10, 2004. Status report - Southern California Association of Governments (SCAG). Mayor Ridgeway stated that at its most recent meeting, SCAG approved the regional transportation plan. He explained that the plan allows local agencies and cities to apply for state and federal funds. Status report - Finance Committee. Council Member Heffernan stated that at their next meeting, the committee will discuss the eight most controversial budget topics, as defined by the Administrative Services Department. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR APRIL 8, 2004. Planning Director Temple reported that the Newport Technology Center Volume 56 - Page 827 INDEX (100 -2004) City of Newport Beach Regular Meeting April 13, 2004 item was continued. Three of the other items were for various initiations of future public hearings. The first was for a general plan amendment initiation for a site at the corner of Avocado Avenue and MacArthur Boulevard to designate the site as multi - family residential. The second general plan amendment initiation was to add 1500 square feet to the entitlements in block 100 of Newport Center and a third was a zoning amendment to the Corporate Plaza Planned Community to correct some formatting errors. Planning Director Temple stated that the only hearing item was for the traffic study at 401 Old Newport Boulevard. The Planning Commission approved the item. Council Member Heffernan confirmed that the housing project at Avocado and MacArthur is a general plan amendment, and Planning Director Temple corrected her earlier comment and stated that it's actually between Avocado Avenue, MacArthur Boulevard and San Miguel Drive. Council Member Heffernan expressed his concern for the current condition of the intersection and adding any more density to it. Planning Director Temple stated that the City Council will hear the item and could determine that the initiation of the general plan amendment should not occur. Additionally, she stated that the traffic impacts will be analyzed. Mayor Ridgeway stated that there has also been a discussion about opening access to Farallon Drive, which could help the situation. Council Member Nichols asked how many units or what type of housing would be developed. Planning Director Temple reported that it would consist of 56 units and would be multi- family. She explained further that the site is one of three sites identified in the City's housing element for the purpose of providing sites adequate to satisfy the housing element requirements, as estabhshed by the Southern California Association of Governments and the State. Council Member Nichols asked for additional information on the need for homes, as discussed at the Study Session earlier in the day. Mayor Ridgeway suggested that Council Member Nichols contact Assistant City Manager Wood directly to discuss the matter further. Mayor Pro Tem Adams asked the City Attorney to comment on the scope of discussion that is appropriate during the Planning Commission agenda report. City Attorney Burnham stated that it is a report with the opportunity for the council members to call -up items for review. He stated that discussions should be limited to those items that are called - up. N. CURRENT BUSINESS 18. APPOINTMENTS TO THE CITY CENTENNIAL 2006 COMMITTEE. Council Member Webb stated that he, Mayor Pro Tem Adams and Council Member Bromberg reviewed the applications and recommend that seven people be appointed to the committee. Volume 56 - Page 828 INDEX (100 -2004) City of Newport Beach Regular Meeting April 13, 2004 INDEX Motion by Council Member Webb to confirm Thomas Anderson, Gay Wassall-Kelly, Cecelia Cecilia Nott, William Dean and Barry Allen to the Committee. the appointment of Tobin, Dayna Pettit, City Centennial 2006 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Council Member Webb announced that the first meeting of the committee would be held on April 20, 2004, at 7:00 p.m. Council Member Bromberg requested that the City Clerk provide the entire committee with the names, addresses, e-mail addresses and telephone numbers of the members. 19. REFILLING OF VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Assistant City Manager Wood stated that there are three vacancies on GPAC. The first is a vacancy in the environmental quality category and the General Plan Update Committee (GPUC) is recommending that it be filled with either Ron Baers or Gordon Glass. The other two vacancies are at -large vacancies and GPUC recommends Jim Navai, Barbara Johnson and Raymond Zartler. Assistant City Manager Wood stated that GPUC also recommends that the two applicants who are not selected be considered as alternates, so that they can fill any upcoming vacancies that may occur. Ballots were provided to the council members. City Clerk Harkless announced the votes, as follows: Council Member Nichols — Baers, Johnson, Zartler Council Member Heffernan — Baers, Johnson, Zartler Council Member Rosansky — Baers, Navai, Zartler Mayor Pro Tern Adams — Baers, Navai, Zartler Council Member Webb — Glass, Johnson, Zartler Council Member Bromberg — Baers, Johnson, Zartler Mayor Ridgeway — Baers, Navai, Zartler City Clerk Harkless announced the appointment of Ron Baers as the Environmental Quality representative, Barbara Johnson as the District 6 at -large member and Raymond Zartler as the District 7 at -large member of the General Plan Advisory Committee. Mayor Pro Tem Adams suggested that the two applicants who were not selected be considered along with any other applicants when future vacancies arise. 20. COUNCIL POLICY MANUAL UPDATE FOR 2004 AND PUBLIC Volume 56 - Page 829 (100 -2004) (100 -2004) City of Newport Beach Regular Meeting April 13, 2004 MEETING TO CONSIDER CITY S STATEMENT OF INVESTMENT POLICY (F -1). Assistant City Manager Kiff stated that the council policies guide the City in many administrative matters, and that the review and consideration of the City's statement of investment policy is an annual requirement. Council Member Rosansky referred to Council Policy B -7 (Special Event Permit Request Processing) and stated that the sentence on page 3 that reads, "the City Council shall authorize approval of any request for special event permit.." should be changed to read, "the City Council may authorize... ". Additionally, in Council Policy B -8 (Bike, Foot Race and Surf Contest Policy), he stated that the term "geographical area" should be defined. Lastly, in Council Policy F -3 (Budget Adoption and Administration), Council Member Rosansky stated that a clerical correction to the lettering needs to be done. Motion by Council Member Rosansky to approve the revisions or additions to the Council Policy Manual: revisions to B -1, B -2, B -3, B -5, B -7, B -8, B -14, B -16, F -1, F -2, F -3, F -4, F -11, F -13, F -14, F -16, F -19, F -22, F -23, G -6, H -1, K -1 and K -3; and addition of F -24, as amended above. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 21. INITIATION OF AN AMENDMENT TO DISTRICTING MAP NO. 25 TO ESTABLISH A 10 -FOOT SETBACK ON ORANGE AVENUE FOR A PROPERTY LOCATED AT 3315 CLAY STREET (PA2004- 066). Motion by Council Member Webb to adopt Resolution No. 2004 -30 initiating an amendment to Districting Map No. 25 to establish a 10 -foot setback along Orange Avenue for a property located at 3315 Clay Street (PA2004 -066). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None O. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 23, 2004. Volume 56 - Page 830 ff xl (100 -2004) City of Newport Beach Regular Meeting April 13, 2004 Jim Hildreth stated that his comments during Public Comments in the March 23, 2004, regular meeting minutes should be expanded to include all that he said. He stated that the City Clerk should review the audio tape of what he said and that he discussed the City's website in more detail. Mr. Hildreth stated that the minutes of the City Council minutes need to be more true than they are. Additionally, he stated that the comments he made during Item No. 27 should also be reviewed and that, specifically, he stated that the City, not Shellmaker, is worried about recycling. Motion by Mayor Pro Tom Adams to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 3. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIRED INSPECTION FEE ORDINANCE REVISIONS. Council Member Nichols asked if there is a minimum sized property that the fee would not apply to. Assistant City Manager Kiff stated that the obligation to inspect applies on virtually any building permit. Council Member Nichols stated that it appears to be onerous for a property with a valuation of less than $100,000 or $50,000. City Attorney Burnham clarified that the fee is not being established at the current meeting. The recommended action is to amend the ordinance to expand the activities that will be subject to reimbursement. Council Member Nichols confirmed with City Attorney Burnham that the City Council could establish a minimum at the time that the fee is set. City Manager Bludau added that indoor permits would not apply. Assistant City Manager Kiff stated that the fee would be based on the amount of time to perform the inspection and filling out the reports. Motion by Council Member Bromber¢ to introduce Ordinance No. 2004 -5 amending Chapter 14.36 of the NBMC and pass to second reading on April 27, 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 4. SPECIAL EVENT PERMIT PROCESS REVISIONS. Volume 56 - Page 831 INDEX (100 -2004) (100 -2004) City of Newport Beach Regular Meeting April 13, 2004 INDEX Council Member Nichols asked how a small event is determined and how it is decided when the ordinance applies. City Manager Bludau referred to the staff report and the proposed ordinance, and stated that special events are defined in both. Council Member Nichols referred to the definition of Level 1 permits and the "less than 1000 people" characteristic, which means that the permits could apply to any event. City Attorney Burnham referred to Section 11.03.020(B) of the proposed ordinance, General Provisions, and stated that it describes the special events to which the ordinance applies. Council Member Nichols stated that he's concerned for some of the church groups that gather at the beach. He didn't feel that a special event permit should be required in such cases. Motion by Council Member Webb to adopt Ordinance No. 2004 -4, adding Chapter 11.03 of Title 11, Deleting Chapter 5.10 from the NBMC pertaining to Special Events; and Amending Exhibit A to Section 3.36.030 of Chapter 3.36, Cost Recovery for User Services. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 5. MASTER FEE RESOLUTION. (100 -2004) Motion by Council Member Webb to adopt Resolution No. 2004 -28 updating the Master Fee Schedule. Jim Hildreth referred to the fee schedule in the staff report and stated that $1,000 is being charged for a Level 3 permit, but the description is not given. He stated that the new non - resident fees appear to be making it difficult for outsiders to venture into Newport Beach and hold an event. He also questioned the big increase in late fees and stated that a reason for the increase wasn't given in the staff report. 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. LIDO ISLE BRIDGE REPAIR AND WATER MAIN C -3538 REPLACEMENT - COMPLETION AND ACCEPTANCE OF Lido Isle Bridge CONTRACT (C- 3538). Repair & Water Main Jim Hildreth recalled that the work on Lido Isle Bridge, as well as the Replacement footbridge crossing Bayside Drive in Corona del Mar and the Little (38/100 -2004) Volume 56 - Page sat City of Newport Beach Regular Meeting April 13, 2004 Balboa Island bridge were voted on together. He stated that he can only assume that all of the work has been completed, but asked why the work took so long and if it has been assured to be safe. Motion by Council Member Webb to 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (04BA- 048) appropriating $24,124.40 from Gas Tax Account No. 7181- C5100302 and $19,390 from Sidewalk, Curb, and Gutter Replacement Account No. 7013- C5100020 into the Lido Isle Bridge Repair Account No. 7013 - 05100673. 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. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE). 13. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO: 95 (AREA BOUNDED BY: L STREET, BALBOA AVENUE, CHANNEL ROAD, AND OCEAN BOULEVARD). Council Member Rosansky stated that both contract amounts are for approximately $19,000, but that District No. 94 includes 33 homes and District No. 95 includes 222 homes. He asked why the City is paying for two assessment engineering service contracts at the same price when there is such significant difference in the number of homes. Further, he questioned setting up undergrounding districts with so few homes, given the fixed costs that have to be paid. He explained that the $19,000 might be spent on the engineering services and the residents may decide not to proceed with the undergrounding. Public Works Director Badum stated that the main costs to perform assessment district work are based on the process itself, and that certain notices and reports are required regardless of the size of the district. Secondly, he stated that the City has learned much since the failure of Assessment District No. 81. Special attention is paid to the types of facilities that are within the districts that could affect the cost and an attempt is made to get this information to the proponents as soon as possible. He reminded everyone that the boundaries of the districts are set by the citizens in the area, although the City does provide necessary input. Council Member Rosansky asked if there are homes adjacent to District No. 94 that could be included. Public Works Director Badum referred to the map included in the staff report and stated that the residents on Pacific Drive are interested in doing their own assessment district. Additionally, he noted that Council Volume 56 - Page 833 Wi17�11 Underground Assessment Districts No. 94 and No. 95 (89/100 -2004) City of Newport Beach Regular Meeting April 13, 2004 INDEX policy requires that 60% of the area property owners sign the petition for a district, although quite a bit of time can pass between the initial estimates and the final voting on the district. Council Member Rosansky asked if other assessment districts had been accomplished with as few homes as in Assessment District No. 94. Public Works Director Badum responded in the affirmative. Council Member Rosansky expressed his support for underground assessment districts, but stated that small districts should be discouraged and that the proponents should make an effort to add homes to the district. He asked what portion of a typical assessment district is fixed and what portion varies. Public Works Director Badum stated that the consulting fees are fairly fixed, as mentioned earlier. Other fixed fees include the processing of the bonds, the hiring of the bond counsel and other administrative fees. Council Member Rosansky requested that the assessment district process be addressed at a future City Council meeting. Mayor Ridgeway noted that in his district, there would be no undergrounding if the smaller districts weren't allowed. He also noted that the culture on Pacific Avenue is different than some of the surrounding areas. Council Member Rosansky expressed his concern that time and money is wasted when a district doesn't pass. He stated that it has been proven to be beneficial when more homes are added and the cost can be shared by more people. Mayor Ridgeway stated that, historically, assessment districts have passed, but agreed that it is a risk to move forward. He expressed his support for taking the risk. City Attorney Burnham noted that Pacific Avenue is a discrete area and it would be difficult to combine other parcels with those included in the proposed district. Jim Hildreth stated that even when the residents vote against an underground assessment district, there still appears to be pressure to move forward with the district. Mr. Hildreth reminded everyone that electricity and water don't mix, and that undergrounding could result in future power failures. He explained that the Edison Company used to be able to pump the water out of the underground vaults into the bay, but that that this will not be allowed any more. Mr. Hildreth stated that although this is good for water quality, he hoped that there wouldn't be an influx of mosquitoes. He additionally stated that property damage has occurred with the installation of vaults, and that the residents should be notified of this. He stated that the residents should also be made aware of the help that can be provided for those that can't afford the assessments. He stated that the assessment districts increase revenue for the City, but they might not benefit everyone and that it could force people out. Motion by Council Member Webb to 1) approve a budget amendment (04BA -046) to appropriate $19,035 for assessment engineering services of proposed Assessment District No. 94; and 2) approve a budget amendment (04BA -047) to appropriate $19,290 for assessment engineering services of proposed Assessment District No. 95. Volume 56 - Page 834 City of Newport Beach Regular Meeting April 13, 2004 INDEX 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. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT — at 9:50 p.m. The agenda for the Regular Meeting was posted on April 7, 2004, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secreta 1—rxo, Mayor it I �iL, W! Volume 56 - Page 835