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HomeMy WebLinkAbout11/23/2004 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 23, 2004 - 7:00 p.m. STUDY SESSION — 4:30 p.m. CLOSED SESSION —5:40 p.m. tx * *tt *tt *t + *:tx *tx* 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 — Mayor Ridgeway announced that the City Council directed the City Manager to offer the City Attorney position to Acting City Attorney Robin Clauson, subject to approval by the City Council at a public hearing. D. PLEDGE OF ALLEGIANCE — Council Member Nichols E. INVOCATION — Student Rabbi Glenn Ettman, Shir Ha -Ma'a lot Temple F. PRESENTATIONS - None G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Heffernan requested an update on the Our Lady Queen of Angels church expansion project and when it would be heard by the Planning Commission. • Council Member Heffernan requested an update on the installation of lit crosswalks at specific troubled intersections. He listed these as including Anderson School, Corona del Mar High School on Eastbluff Drive opposite the eastside parking lot, Coast Highway and Orchid Avenue near the post office, and MacArthur Boulevard and Ford Road. • Council Member Heffernan requested an update on the installation of landscaping on Newport Coast Drive, opposite Sage Hill School. • Council Member Heffernan requested an update on the status of the Lexus dealership entitlement process and if any formal action had been taken by Lexus to purchase the land. Volume 56 - Page 1338 INDEX City of Newport Beach City Council Minutes November 23, 2004 • Council Member Heffernan requested information on the Study Session date that the Marinapark issue would addressed by the City Council. • Council Member Heffernan requested an update on the status of the potential new City Hall. • Mayor Pro Tem Bromberg announced that the streetlights, benches, tree grates and trashcans on Balboa Island were expected to be completed prior to Thanksgiving, but that there has been a delay. He stated that the project will be completed, possibly before Christmas. • Mayor Pro Tem Bromberg announced that the 1/1 adoption program is continuing to be very successful. He acknowledged several of the people that have been involved. Council Member Daigle announced that she attended the League of California Cities meeting and that elections were held for the regional boards and commissions. She noted that there are several important regional issues, and that Newport Beach is showing its support for Costa Mesa and Santa Ana. • Council Member Heffernan presented Mayor Pro Tem Bromberg with a check for $800 for the 1/1 program. He explained that the money represents $100 for each campaign sign that was turned in to City Hall. Mayor Pro Tem Bromberg announced that the Heffernan family has now donated a total of $6,000 to the 1/1 program. He thanked them for their support. 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 3. Item removed from the Consent Calendar by Council Member Nichols. ORDINANCES FOR ADOPTION 4. Item removed from the Consent Calendar by a member of the audience. 5. NEW NBMC CHAPTER 11.04 - PARK FACILITIES - RULES AND REGULATIONS. Adopt Ordinance No. 2004 -26 to provide expanded enforcement capabilities in City parks. Volume 56 - Page 1339 INDEX (100 -2004) City of Newport Beach City Council Minutes November 23, 2004 INDEX RESOLUTIONS FOR ADOPTION 6. GPA INITIATION (GI 2004 -003) AMENDMENTS TO THE (100 -2004) Volume 56 - Page 1340 HOUSING ELEMENT (PA 2004 -235). Approve the initiation of amendments to the Housing Element of the General Plan modifying existing provisions and adding new provisions by adopting Resolution No. 2004 -90. 7. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (100 -2004) RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL SEAR 2005. 1) Approve Marine Avenue Business Improvement District 2004 Annual Report; and 2) adopt Resolution of Intention No. 2004 -91 and set the public hearing for December 14, 2004. 8. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT (100 -2004) DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2005. 1) Approve Restaurant Association Business Improvement District 2004 Annual Report; and 2) adopt Resolution of Intention No. 2004 -92 and set the public hearing for December 14, 2004. CONTRACTS AND AGREEMENTS 9. GRANT HOWALD - COMMUNITY YOUTH CENTER C -3634 BASKETBALL COURT REPLACEMENT - COMPLETION AND Grant Howald ACCEPTANCE OF CONTRACT (C- 3634). 1) Accept the work; Community 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the Youth Center City Clerk to release the Labor and Materials bond 35 days after the (38/100 -2004) Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. 10. JAMBOREE ROAD STREET REHABILITATION - FORD ROAD C -3625 TO BISON AVENUE - COMPLETION AND ACCEPTANCE OF Jamboree Road CONTRACT (C- 3625). 1) Accept the work; 2) authorize the City Clerk Street to file a Notice of Completion; 3) authorize the City Clerk to release the Rehabilitation Labor and Materials bond 35 days after the Notice of Completion has (38 /100 -2004) been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. 11. SAN MIGUEL /SPYGLASS HILL -EAST GATE TRAFFIC SIGNAL C -3678 INSTALLATION - COMPLETION AND ACCEPTANCE OF San Miguel/ CONTRACT (C- 3678). 1) Accept the work; 2) authorize the City Clerk Spyglass Hill - to file a Notice of Completion; 3) authorize the City Clerk to release the East Gate Traffic Labor and Materials bond 35 days after the Notice of Completion has Signal been recorded in accordance with applicable portions of the Civil Code; Installation and 4) release the Faithful Performance Bond one year after Council (38/100 -2004) acceptance. 12. Item removed from the Consent Calendar by Council Member Volume 56 - Page 1340 City of Newport Beach City Council Minutes November 23, 2004 Nichols. 13. APPROVAL OF COST STUDY CONTRACT WITH MTG MANAGEMENT CONSULTANTS FOR THE INTEGRATED LAW AND JUSTICE PROJECT. Award bid and authorize the City Manager to execute the contract with MTG Management Consultants in the amount of $70,000 funded from Account #7017- C1820747. MISCELLANEOUS ACTIONS 14. Item removed from the Consent Calendar by a member of the audience. 15. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Ridgeway's appointment of Jeannette Thomas as the District 1 representative and Council Member Webb's appointment of Barbara Thibault as the District 3 at -large representative to the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 16. Item removed from the Consent Calendar by a member of the audience. 522. Item removed from the Consent Calendar by a member of the audience. 523. RESOLUTION IN SUPPORT OF THE CITY OF ANAHEIM REGARDING THE NAME OF THE ANAHEIM ANGELS. Approve Resolution No. 2004 -93 supporting the City of Anaheim's efforts to retain the name "Anaheim Angels" for our Orange County major league baseball team. Motion by Mayor Pro Tern Brombere to approve the Consent Calendar, except for those items removed (1, 3, 4, 12, 14, 16 and S22). The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway Noes: None Abstain: None Absent: None J. PUBLIC HEARINGS Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor 17. APPEAL OF A STAFF DENIAL FOR ENCROACHMENT PERMIT NUMBER N2004 -0369 TO ALLOW A CURB CUT IN FIRST AVENUE ADJACENT TO 425 BEGONIA AVENUE (contd. from 11/9/04). Using a PowerPoint presentation, Public Works Director Badum displayed an illustration of the former development at the site and the floor plan of the proposed development. He stated that Council Policy L- 2, Driveway Approaches, prohibits street curb cuts when the property Volume 56 - Page 1341 INDEX C -3692 Integrated Law & Justice Project (38/100 -2004) (100 -2004) (100 -2004) (100 -2004) City of Newport Beach City Council Minutes November 23, 2004 INDEX abuts an alley. The policy allows some exceptions for corner lots if certain conditions are met. Public Works Director Badum read from the policy and noted than an additional condition was requested by the City Council at a previous meeting. He stated that this condition allows for a street curb cut when the property is built as two distinct separate units with one common wall or open space. This condition will return to the City Council at a future meeting for formal adoption and amendment to the policy. Public Works Director Badum stated that examples of exemptions include physical obstructions in the alley such as side walls or extreme grades, providing more parking spaces than are required and the proposed condition of creating two distinct separate units. He displayed several photos showing examples of the exemptions at various properties throughout the community. Public Works Director Badum stated that the project under consideration at 425 Begonia Avenue meets some of the required conditions, but not others. There are not, for example, any physical obstructions in the alley that would interfere with access. He displayed a site plan and photo illustrating that this condition has not been met. He noted the property across the alley from 425 Begonia Avenue and stated that the side yard setback on this property has been conditioned by the Planning Commission to prohibit any landscaping greater than six inches in height. He noted that the requirement is currently being violated, as evidenced by a couple of trees. Council Member Rosansky stated that it is not just the trees that are violating of the condition. He noted the shrubs and a light coming out of the ground. Council Member Webb stated that a solution might be to set the garage face back six feet instead of five feet. Public Works Director Badum agreed and stated that the minimum setback is five feet, which would provide an alley access of nineteen feet. Council Member Nichols stated that the code requires full alley access before street curb cuts can be disallowed, which is twenty feet. Public Works Director Badum stated that it's open to interpretation, but that the intent of the provision is to show that physical conditions disallow access at all. Council Member Daigle asked for an explanation as to why a street curb cut was allowed at 620 Jasmine, which was one of the photos shown earlier. Public Works Director Badum explained that it met the condition of providing more parking spaces than were required. Council Member Nichols questioned that it met that condition. Council Member Wood asked if the City's code allows an uncovered third parking space to go into a setback area. Senior Planner Campbell responded in the affirmative. Public Works Director Badum displayed site plans for 425 Begonia Volume 56 - Page 1342 City of Newport Beach City Council Minutes November 23, 2004 INDEX Avenue showing that the project does not meet the condition of providing more parking spaces than are required or the condition of creating two separate units on one parcel. In summary, he stated that the intent of Council Policy L -2 is to minimize the loss of parking on the side streets. He noted that the architect submitted several maps showing examples of where curb cuts on side streets on corner lots were approved in the City. Public Works Director Badum referred to one of the maps submitted by the architect and of the 26 examples on the map, he stated that 9 were older or remodeled developments, 4 didn't have alley access, 3 were not routed through Public Works, 1 was approved with no record as to why, and 9 of the parcels qualified for the exemption. Council Member Nichols asked if any projects had been before the City Council as a result of Council Policy L -2. Public Works Director Badum responded in the affirmative. Mayor Ridgeway confirmed that four parking spaces would be required for the two- condominium project design at 425 Begonia Avenue and that if the side street curb cut is not allowed, tandem parking would have to be used off the alley. He asked if staff had ever followed up on tandem garages and how they ended up being utilized. Public Works Director Badum responded in the negative. Mayor Ridgeway stated that from his observations, the back units are usually used for storage and not vehicles. He pointed out that if the design of the project were changed to create two distinct units, the side street curb cut would be allowed. Public Works Director Badum agreed and stated that separate units, side by side, also provide for a better design and eliminates the issues associated with two individuals living in one building. He cited the example of a roof leak and stated that when a roof is shared, both homeowners have to agree to the repair. Mayor Ridgeway asked if there was a requirement in the City's code for Covenants, Conditions & Restrictions (CC &R's) to address such issues. Acting City Attorney Clauson responded in the negative. Mayor Ridgeway stated that it is something that the City should consider. Council Member Nichols stated that the project at 425 Begonia Avenue does have two units with a common wall between them. He stated that the exemption is for a common wall or open space between two units, and he emphasized the word `or ". Looking at the photo of 227 Marguerite, also shown earlier, Council Member Nichols stated that there was a beautiful pine tree on the site in the public of right -of -way and he wasn't notified when it was cut down, which he should have been since he is the council representative for the area. He asked why Council Policy L -2 wasn't applied to the project. Public Works Director Badum stated that it was and that the project qualified for the exemption because more parking was provided than what was required. He added that the problem with the tree in the driveway was an unusual situation and resulted in the tree being removed and a wider driveway being created. Council Member Webb stated that the purpose of Council Policy L -2 is to protect on- street parking and that staff is just trying to implement the policy. He stated that if the policy needs to be changed, that should be a separate discussion by the City Council. Volume 56 - Page 1343 City of Newport Beach City Council Minutes November 23, 2004 INDEX Council Member Nichols stated that there is a hazard associated with vehicles backing out of garages onto side streets, particularly when the side streets are busy. Mayor Ridgeway suggested that comments about the policy itself be discussed at a later date. Council Member Nichols stated that the policy isn't being applied equitably to the properties in Corona del Mar. Additionally, the property at 425 Begonia Avenue does meet the requirements necessary to qualify for the exemption. Council Member Daigle stated that her concern for tandem parking is that two of the spaces may not be utilized and the vehicles would end up being parked on the street. Mayor Ridgeway asked if the curb cut is allowed at 425 Begonia Avenue, if the curb between the alley and the carport would be painted red. Public Works Director Badum stated that he would have to look at the dimensions. Mayor Ridgeway opened the public hearing. Norm Abell, owner of the property at 425 Begonia Avenue, displayed photos of other projects in the area where curb cuts were allowed. He stated that they provide examples of what the exemption guidelines have permitted. Additionally, he stated that he has observed that only 30% to 50% of the available parking spaces on the streets adjacent to 425 Begonia Avenue are used. He didn't feel that the loss of one parking space would cause a severe impact. Council Member Webb asked if it would be possible for the project to take advantage of the additional parking condition and provide a fifth open parking space in the setback. Mr. Abell stated that the issue is that the lot is 30 feet by 118 feet, which is smaller than some of the lots that were shown earlier and took advantage of the condition. He stated that it could work if it were a shared space or if the square footage of the building were reduced. Mayor Ridgeway asked if the property adjacent to 425 Begonia Avenue would be required to remove the illegal landscaping. Public Works Director Badum stated that the property is currently in violation of the conditions established by the Planning Commission and is something that should be looked into. Mayor Ridgeway stated that it would result in a white, stark building. City Manager Bludau stated that staff is prepared to enforce the conditions. Public Works Director Badum stated that the trees could probably stay if it is found that vehicles can maneuver with them in place. John Loomis, 30th Street Architects, stated that the adjacent property does cause a problem and that tandem parking would magnify the problem with the shuffling of vehicles that would be necessary. He stated that they attempted to get a separation of the units with their design, that unusual circumstances do exist and that the design of the project Volume 56 - Page 1344 City of Newport Beach City Council Minutes November 23, 2004 INDEX meets the separation condition to the maximum extent possible. He stated that it would be difficult to add a fifth parking space on the lot. The lots where additional parking was provided were 45 feet deep as opposed to 30 feet. Mr. Loomis noted a project at 428 Orchid Avenue that was approved by the City Council on August 26, 2003. He read from the findings and stated that the project at 425 Begonia Avenue is consistent with the same findings and would improve the parking situation in the area. Jim Hildreth stated that 425 Begonia Avenue is an R -1.5 lot and he doesn't understand how the project could be considered a duplex because it has an apartment over a garage. He stated that the alley is comparable to most of the alleys in the City and that the property could provide for six parking spaces with the current design since vehicles park in driveways. Mr. Hildreth stated that tandem parking is a pain. Robert Walchli expressed his concern for the precedent that would be set if an exemption is granted and stated that if there is alley access, it should be used. He also expressed his concern for the effect the removal of street parking could have on the value of the surrounding properties. Lastly, he questioned the placement of a garage facing a public park. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Council Member Rosansky stated that the applicant is asking the City to fit its policy to their design. He stated that the policy is in place for a reason and the project does not meet the conditions for an exemption. He stated that there is also a safety issue to consider with the street garage and vehicles backing out over a sidewalk and into traffic. Council Member Rosansky stated that the property adjacent to the project is in violation of its use permit, which has placed an undue burden on the property owner at 425 Begonia Avenue. He stated that both the use permit and the policy should be enforced. Mayor Pro Tem Bromberg stated that tandem parking would defeat the purpose of the policy and agreed with Mayor Ridgeway's earlier comments that the vehicles will end up parking on the street. He also agreed with Council Member Webb's comments that the policy should be looked at and possibly modified. In the interim, he felt that the current policy should be enforced unless hardship can be proven and he didn't see that for the property owner at 425 Begonia Avenue. Council Member Nichols noted that the policy has not been applied to all of the curb cuts in Corona del Mar and some of the curb cuts that have been allowed should not have been. He stated that the property at 425 Begonia Avenue does not have full alley access. He agreed that there are problems with Council Policy L -2 and that it should be changed. Additionally, he felt that appeals should first be reviewed by the Planning Commission. Council Member Nichols expressed his support for the applicant's project. He stated that a separation of the units has been created to the extent possible and that the front yard setback has been complied with. In closing, he stated that Council Policy L -2 should be applied uniformly to all curb cuts. Volume 56 - Page 1345 City of Newport Beach City Council Minutes November 23, 2004 INDEX Council Member Daigle also expressed her support for the project and the granting of an exemption. She disagreed with the creation of tandem parking off of the alley and felt that the design presented by the applicant was far superior. She also felt that the landscaping on the adjacent property benefited the neighborhood. In response to Mayor Pro Tem Bromberg's and Mayor Ridgeway's questions, Public Works Director Badum stated that the separation condition has not been formally adopted as a part of the policy yet, although staff was directed to bring it back to the City Council after it was used to approve the project on 428 Orchid Avenue. Mayor Ridgeway stated that from an equity point of view given what has happened previously in Corona del Mar, and considering the problems with tandem parking and the removal of the landscaping on the adjacent property that is otherwise beneficial to the neighborhood, he supports an exemption in this situation. He stated that he knows the area well and doesn't feel that 15L Avenue is as busy as some of the other streets in Corona del Mar. Motion by Council Member Nichols to overturn the denial on the basis that the property does not have full alley access, there would be no safety problems associated with the curb cut because the street has light traffic, and the house design provides a smaller and more beautiful home and would be an asset to the community. Mayor Pro Tem Bromberg expressed his support for the motion since it was made by the council member of the district where the project is located and the issue is really more of a district issue. He stated that he still has a concern for the policy and how it's being implemented, however. Council Member Webb stated that allowing the exemption, in effect, gives an advantage to all corner lots. The neighboring and interior properties don't have the opportunity to provide parking off of the side streets. Council Member Rosansky stated that the applicant is utilizing the alley for access to a two -car garage, so the ability to maneuver vehicles in the alley is not an issue. Secondly, Council Member Rosansky stated that if tandem parking is not desired, the consideration should be given to banning it everywhere, which he didn't feel would be fair to the properties that rely on it to build two units. He stated that the policy is clear and there would be no hardship caused by requiring the applicant to redesign his project since it has not been built. Additionally, Council Member Rosansky stated that the landscaping on the adjoining property should be brought into compliance, regardless. Council Member Heffernan stated that there is nothing unique about the subject property and he is against giving up any street parking in Corona del Mar. He stated that the applicant knew the rules and hasn't qualified for an exemption. The motion carried by the following roll call vote: Volume 56 - Page 1346 City of Newport Beach City Council Minutes November 23, 2004 Ayes: Bromberg, Vaigle, Nichols, Mayor Nidgeway Noes: Heffernan, Rosansky, Webb Abstain: None Absent: None 18. ESPINOZA CONDOMINIUM CONVERSION (PA2004 -137) - CONDOMINIUM CONVERSION NO. 2004 -014; NEWPORT TRACT MAP NO. 2004 -002; AND COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 2004 -001 - 329 MARGUERITE AVENUE - PROPOSAL IS TO CONVERT AN EXISTING 7 -UNIT APARTMENT BUILDING TO CONDOMINIUMS FOR INDIVIDUAL SALE. Mayor Ridgeway stated that he requested this matter be addressed by the City Council because he wanted to make sure that the City's code regarding parking on the property was being interpreted correctly. Additionally, he had a concern for the safety of the garages adjacent to Bayside Drive. Mayor Ridgeway stated that after meeting with the applicant and reviewing a reconfiguration of the project, he no longer feels that there is a safety issue. In conclusion, Mayor Ridgeway stated that his concerns have been met and he supports the staff recommendation. Council Member Nichols stated that the project is overbuilt for the site, the units are small and he doesn't feel that the garages at the back meet the zoning code. Additionally, the wall at the back doesn't allow for a three -foot sidewalk along Bayside Drive. Council Member Nichols noted that the City hasn't required a sidewalk along Bayside Drive, but if one is built with the current slope, the City would incur the liability. He stated that it would also be setting a precedent to require that the open carports be enclosed as garages. Lastly, Council Member Nichols stated that Marguerite Avenue and Bayside Drive is a very busy intersection, and residents would be attempting to access garages from a collector street. Council Member Webb noted that Condition No. 29 in the report addresses the sidewalk along Bayside Drive. Additionally, the code allows for the requested conversion and if the City Council is going to disallow it, then the code needs to be changed. In response to a question by Council Member Nichols, Senior Planner Campbell stated that enclosing the garages would not violate the floor area limit provisions of the Multi -Family Residential (MFR) zone. He stated that the request is for a seven -unit building to be converted to condominiums. The building was constructed in 1956, which has resulted in a variety of nonconformities. The Planning Commission concluded that it was a worthwhile project because of the exterior enhancements proposed by the applicant and required full-width improvements for curbs, gutters and sidewalks along both street frontages of the property. Council Member Nichols stated that if the slope from the new driveways goes out to the curb and gutter, it won't allow for a level three -foot sidewalk. . Mayor Ridgeway opened the public hearing. Volume 56 - Page 1347 INDEX (100 -2004) City of Newport Beach City Council Minutes November 23, 2004 INDEX Bill Edwards, architect, Planet Design, provided the site plan for the project. He stated that pedestrian circulation will be improved and safety will be significantly enhanced by the applicant's agreement to dedicate the Bayside Drive and Marguerite Avenue street corner for a sidewalk connection to the new full-width sidewalk along the Bayside Drive frontage. He stated that visibility and safety will be improved for both pedestrians and vehicles. Mr. Edwards stated that the custom rollup sectional doors for the seven converted carports will meet City requirements, and the redesign of the carport slabs and aprons will achieve the proper gradient for pedestrian use and vehicular ingress and egress. Mr. Edwards stated that the proposed construction improvements will be minor from the standpoint of disruption. The aesthetic changes, however, will result in a substantial and positive visual impact. In conclusion, Mr. Edwards stated that the owner is committed to complying with all of the conditions of approval and the development will bring a high quality project to the community. Additionally, the project provides a unique opportunity for the young professional market to enjoy entry level homeownership. Council Member Heffernan noted the poor visibility at the corner currently. He asked what the current setback is and how the visibility will be changed upon completion of the project. Mr. Edwards stated that the building corner will remain the same, but the planters will be changed and visibility will be improved. Council Member Heffernan asked what the setback would be if the building were demolished and rebuilt. Senior Planner Campbell stated that it would be a difference of a foot or two. Council Member Heffernan asked what the price range of the units would be. Council Member Nichols noted that the sidewalk slope will vary. Mr. Edwards stated that it will vary slightly and a gradual transition from one apron bay to the next is being proposed. He stated that he's confident that the redesign will create a slope factor that will be relatively comfortable. Council Member Nichols confirmed that a 6% gradient on average is what they are attempting to achieve. Council Member Nichols agreed that the addition of a sidewalk with the newer design would be a benefit. Additionally, he stated that if there were a couple more feet on either side or both sides of the alley cut through to Marguerite Avenue, it would improve the safety in the area. Mr. Edwards stated it should be possible to accomplish by design. Lorenzo Espinoza, project superintendent, stated that he is speaking on behalf of his father, the owner of the property, and the contractor. He stated that the enhancement to the exterior of the property was requested by the Planning Commission and the owner is committed to using only high quality materials. He displayed an artist's rendering of the project and the site plan. Mayor Ridgeway expressed his confidence in the quality of the project. In response to Council Member Heffernan's and Mayor Ridgeway's questions, Mr. Espinoza stated that six of the units are expected to sell in the high $600,000's and are approximately 860 square feet each. The seventh unit is approximately 1100 square feet and is expected to sell for approximately $850,000. Volume 56 - Page 1348 City of Newport Beach City Council Minutes November 23, 2004 INDEX In response to Council Member Nichols' question, Assistant City Manager Wood stated that the project will not exceed the zoning limits and the garages do not count towards the floor area ratio. Robert Walchli stated that he supports the project, but with reservations. He stated that it's currently one of the oldest and most dilapidated multi- unit properties in Corona del Mar, and is in a prominent location. He stated that the proposed project will be an improvement to what is currently there, but it won't be as nice as a brand new development. He expressed his support for condominium conversions because they bring in owner residents, but stated that it needs to be remembered that the building will remain an old renovated building that will likely not be redeveloped in the future. Jim Hildreth stated that there have been accident concerns at the Bayside Drive and Marguerite Avenue intersection in the past. Additionally, he stated that if a redevelopment does occur on the site, the additional foot or two setback requirement on the corner should be enforced. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Webb to affirm the action of the Planning Commission to approve the referenced applications. Mayor Ridgeway referred to the letter received from Planet Design, which discussed modifications to the drive aprons. He asked if these had been incorporated into the conditions of approval. Senior Planner Campbell responded in the negative and suggested that a condition be added to the Planning Commission resolution that makes the modifications a requirement of the project. Amended motion by Council Member Webb to affirm the action of the Planning Commission to approve the referenced applications, as amended by adding the condition regarding the modifications to the drive aprons. Mayor Ridgeway asked if the City could require Covenants, Conditions & Restrictions (CC &R's) for the property to address such issues as roof maintenance. Acting City Attorney Clauson responded in the negative, but stated that the State Department of Real Estate requires CC &R's for projects of five or more units. Council Member Nichols confirmed with Acting City Attorney Clauson that a parcel map is required by the County tax assessor, and that the CC &R's are also a part of the legal documentation. Council Member Webb asked if the landscaping plan and list of building materials were already a part of the conditions approved by the Planning Commission. Senior Planner Campbell responded in the affirmative, and added that the Planning Commission also required that it review and approve the final plans before implementation. Volume 56 - Page 1349 City of Newport Beach City Council Minutes November 23, 2004 INDEX Public Works Director Badum clarified that the carport elevations would be addressed in the design details. He asked if the City Council expected a viable sidewalk to be developed adjacent to the roadway, and explained that if a sidewalk is required, some additional adjustments will need to be made. Specifically, he noted that the cross slopes as currently designed would not meet the requirements of the Americans with Disabilities Act (ADA). Mayor Ridgeway stated that the current condition is to improve the access to the garages on and off of Bayside Drive. Council Member Nichols confirmed that new sewer lines are being installed. In response to Mayor Pro Tem Bromberg's question, Public Works Director Badum stated that if the City Council is expecting the five -foot setback along Bayside Drive to be considered a sidewalk, adjustments could be made by the applicant to bring it into compliance. The amended motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None K. PUBLIC COMMENTS Linda Grant stated that a tree that has been classified as a problem tree is scheduled to be cut down on November 24, 2004. She stated that the tree is not a problem tree, and that there are no cracks in the sidewalk or curb. She agreed that if a tree is a problem, it should be removed. She pleaded with the Mayor to save the tree. Mayor Ridgeway confirmed with Ms. Grant that she was speaking of the tree at 311 Fernando Street. He stated that the owner has requested that the tree be removed. Ms. Grant disagreed and stated that there must be a mistake. Mayor Ridgeway stated that he has looked into the situation and stated that there has been damage and it is a problem tree and that he, therefore, would not intervene. James Hutton stated that he is the owner of the property where the tree is located and has plans to build a new house. He stated that the removal of the tree would improve his view, but that he has changed his mind on having it removed because the tree also provides a beautiful view for the people in the neighborhood. He added that there is no damage to the sidewalk or curb. He asked that the tree not be removed. City Manager Bludau confirmed with Mr. Hutton that he called the City Manager's office earlier in the day to request that the tree be removed. Lisa Browne stated that she's a mediator and that there might be a way to save the trees, such as by the use of rubber sidewalks. She noted that many trees are being removed lately and she didn't understand why. She Volume 56 - Page 1350 City of Newport Beach City Council Minutes November 23, 2004 INDEX stated that any tree damage should be contained and everyone work together. Ann Robinson stated that in 2003, the City annexed approximately two - third's of her unincorporated residential block. She provided a map, which illustrated the neighborhood. Ms. Robinson stated that this has created a problem because both the annexed area and the unannexed area have ended up without a polling place. She explained that by splitting the area, there is no precinct. The Registrar of Voters has confirmed that if the remaining 52 homes were annexed, a precinct could be formed. Mayor Ridgeway requested that Assistant City Manager Kiff provide an informational report regarding the matter. He stated that it is unlikely that the area would be annexed. Robert Walchli stated that at a prior City Council meeting, he requested that an ordinance dealing with illegal construction dust be considered. He asked for the status of this request. Secondly, Mr. Walchli stated that numerous violations still exist at 202 Fernleaf and nothing has been done. He asked when the City would begin enforcing its own mandates. Thirdly, he requested a report on the status of the Corona del Mar beach project. And, lastly, Mr. Walchli stated that for three years, he has asked the City Council to take action on the rights of the public to their ocean view parkland on the Ocean Boulevard bluff, but that nothing has been done. He stated that he hoped he wouldn't have to form an opposition group to get some kind of action from the City. Joel Stone stated that there is a persistent presence of profanity, loud noise and violence at the 38th Street Park. He stated that the park is adjacent to houses and a children's park, and is an inappropriate location for a full court basketball court. He stated that if a basketball court is necessary in West Newport, a place should be found for it that is compatible with the neighboring uses. Dr. Jan Vandersloot stated that Mr. Hutton's intent when he spoke with the City Manager's office earlier in the day was to say that he didn't want the tree cut down. Dr. Vandersloot provided photos that showed that there is no damage being caused by the tree. He also expressed his opposition to the new Council Policy G -1, Retention or Removal of City Trees, and stated that too many trees are suddenly being removed. Eighty trees have been removed in the past two months and the average used to be forty trees per year. He stated that the G -1 policy requires that a City tree remain unless it is causing a problem and has a repeated history of damage. Dr. Vandersloot suggested that a moratorium be placed on tree removals and stated that the new G -1 policy was supposed to provide for better public accountability. City. Manager Bludau stated that when the new G -1 policy was considered, the General Services Director reported that there were 800 problem City trees. The new policy allows for the removal of 200 problem trees per year. Mayor Ridgeway added that the City replaces every tree it removes. Volume 56 - Page 1351 City of Newport Beach City Council Minutes November 23, 2004 Mayor Pro Tern Bromberg additionally noted that Newport Beach has been designated as a Tree City USA for 14 years. Dolores Otting stated that a problem still exists in the parks with signs indicating that the parks are open until 11:00 p.m. and, yet, they are unlit. She stated that this creates a liability to the City. Secondly, Ms. Otting stated that a Closed Session report was never given for the action taken by the City Council on the Wetlands Action Network issue. And, thirdly, she stated that the cost of the Newport Coast Elementary School loop road increased from approximately $364,000 to $850,000, which is a 131% increase. The number of students at the school is also different than the City expected and the project was poorly planned. Jim Hildreth displayed parts of the Balboa Island bridge, which he stated he found on the ground. He stated that possibly better glue should be used. Additionally, he discussed the difference between lawyers and attorneys. And, lastly, Mr. Hildreth stated that he has been coming to the City Council meetings because Tony Melum lied to the City Council when he stated that prior to 1994, it was not a pier permitted site but a shore mooring. Mr. Hildreth stated that it was a pier permitted site. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor Pro Tern Bromberg reported that GPUC met the previous week and made recommendations for the four vacancies on the General Plan Advisory Committee (GPAC). Status report - Local Coastal Program Certification Committee. Mayor Ridgeway stated that the Coastal Commission has the City's documents and the City is waiting for their response. Status report - Newport Coast Advisory Committee. No report. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reported that only one bid was received for the library project and it was $1.5 million above the estimate. That bid was rejected and a second bid opening has been scheduled. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR NOVEMBER 18, 2004. Assistant City Manager Wood stated that the first item addressed by the Planning Commission was a use determination for Cendent Car Rental Group who successfully showed that their principle use of an Administrative, Professional and Financial (APF) site would be for office. A minor amendment was also made to the Santa Ana Heights Specific Area Plan to bring the area into conformance with the rest of the City in terms of how second dwelling units are dealt with. Assistant City Manager Wood stated that the primary item on the agenda was the consideration of the expansion proposed by St. Andrews Volume 56 - Page 1352 INDEX (100 -2004) City of Newport Beach City Council Minutes November 23, 2004 INDEX Presbyterian Church. The three main issues that were discussed included the parking, occupancy and square footage. Council Member Heffernan asked if the parking requirements were contingent upon Newport Harbor High School and St. Andrews reaching an agreement. Assistant City Manager Wood responded in the affirmative and stated that the details of the requirement are still being worked on and will be discussed again at the Planning Commission meeting on December 9, 2004. Acting City Attorney Clauson added that the school district wanted to first know how the City was going to decide on the project before they would consider an agreement. She confirmed that there are various options to insure that there is an agreement between the two entities. Council Member Nichols requested that the decision by the Planning Director to reject a building at 3600 East Coast Highway be appealed. Mayor Ridgeway confirmed with Assistant City Manager Wood that the item can be appealed by the City Council or the Planning Commission and if appealed by the City Council, it would be heard by the City Council. Mayor Ridgeway asked if the Planning Commission received the same report on Planning Department actions that the City Council received. Assistant City Manager Wood responded in the affirmative. Council Member Nichols stated that they received it after their recent meeting. Assistant City Manager Wood noted that a Planning Commission appeal does not have to occur at a meeting. Mayor Ridgeway further confirmed that the applicant could appeal the decision. After a brief discussion, Council Member Nichols explained that the project met all of the zoning conditions individually. The denial was based on the overall bulk of the project and was not expected by the applicant. Council Member Nichols stated that the project has merit and the applicant would probably be able to meet the requirements of the Planning Department if he could work with them. Assistant City Manager Wood stated that staffs decision has been made, so it would need to be appealed to be reconsidered. She further explained that the request was for a use permit for development standards to allow the project to exceed the City's building bulk limitations. Staff could not make the required findings necessary to approve the use permit. Mayor Ridgeway asked what recourse the applicant has. Acting City Attorney Clauson stated that the applicant can appeal the decision to the Planning Commission. Council Member Nichols noted that the appeal cost to the applicant would be approximately $1,000 and that he should have been given the opportunity to work with the Planning Department prior to the denial of the project. Council Member Daigle confirmed that the appeal by a planning commissioner has to occur within 14 days of receiving the report. Volume 56 - Page 1353 City of Newport Beach City Council Minutes November 23, 2004 N. Mayor Ridgeway suggested that Council Member Nichols contact Planning Commissioner Toerge. Council Member Webb stated that it is unlikely that the applicant can meet the required findings, but that he should appeal if he desires. Council Member Nichols noted that two - thirds of the buildable area is a parking lot. The applicant was unaware that if the parking structure were reduced slightly, the project could meet the requirements. Motion by Council Member Nichols to call the item up for review. The motion failed for lack of a second. 20. REFILLING OF VACANCIES ON GENERAL PLAN ADVISORY COMMITTEE (contd. from 11/9/04). Assistant City Manager Wood stated that the General Plan Update Committee (GPUC) met and made recommendations on the vacancies. They also discussed the frequent vacancies on the General Plan Advisory Committee (GPAC) and if they should continue to be filled, given that GPAC has already done so much work. GPUC determined that the vacancies should be filled and that the vacancy in District 2 should be filled from applicants in District 3 to keep the committee geographically balanced. Ballots were distributed to the council members. Council Member Heffernan asked if there should be any discussion prior to the council members placing their votes. Mayor Pro Tem Bromberg stated that GPUC heard from a number of the applicants at their meeting and that the applications were also provided with the staff report. Council Member Nichols requested additional time to make his decision. Mayor Ridgeway recessed the meeting at 10:05 p.m. and reconvened the meeting at 10:15 pan. with all Council Members present. City Clerk Harkless read the ballot votes for the District 2 representative as follows: Jim Navai (Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor Ridgeway) Edward Wolfe (Nichols) City Clerk Harkless read the ballot votes for the District 4 representative as follows: Gordon Glass (Heffernan, Webb, Daigle) Tim Brown ( Rosansky, Bromberg, Mayor Ridgeway) Charles Griffin (Nichols) Volume 56 - Page 1354 (100 -2004) City of Newport Beach City Council Minutes November 23, 2004 City Clerk Harkless read the ballot votes for the District 5 representative as follows: Don Bowers (Webb) William Lusk (Heffernan, Bromberg, Daigle, Mayor Ridgeway) Kathy Leek ( Rosansky) Anne Badham (Nichols) City Clerk Harkless read the ballot votes for the District 6 representative as follows: Ledge Hale (Heffernan, Rosansky, Bromberg, Webb) Elliot Vogelfanger (Daigle, Nichols, Mayor Ridgeway) City Clerk Harkless announced that Jim Navai is appointed as the District 2 representative to the GPAC, William Lusk as the District 5 representative and Ledge Hale as the District 6 representative. A tie vote for District 4 occurred between Gordon Glass and Tim Brown. By roll call vote, the council members announced their votes for District 4 as follows: Gordon Glass (Heffernan, Webb, Daigle, Nichols) Tim Brown ( Rosansky, Bromberg, Mayor Ridgeway) City Clerk Harkless announced that Gordon Glass is appointed as the District 4 representative. O. CURRENT BUSINESS 21. NAMING OF PARK LOCATED AT THE CORNER OF JAMBOREE ROAD AND PACIFIC COAST HIGHWAY (PCH). Mayor Ridgeway stated that the Parks, Beaches & Recreation Commission narrowed down the names submitted to four, and that all of the names submitted were included in the staff report. Mayor Pro Tern Bromberg expressed his support for "Jamboree Park". Council Member Rosansky expressed his support for "Jamboree Bayview Park ". Council Member Webb stated that he supports "Back Bay View Park" because the old Back Bay Drive came up through the site and was probably the first road built on the easterly side of the bay. He stated that this history would make it an appropriate name for the park. He additionally noted that Jamboree Road was built in 1953 and went along the side of the site, but that the jamboree activities occurred in the Newport Center area and by the Corona del Mar High School. Council Member Daigle stated that she is also in support of "Back Bay View Park" due to the history in the name, as explained by Council Member Webb. Volume 56 - Page 1355 INDEX (100 -2004) City of Newport Beach City Council Minutes November 23, 2004 Council Member Heffernan also expressed his support for "Back Bay View Park ". Council Member Nichols expressed his support for the name, as well. Motion by Council Member Webb to name the park located at the corner of Jamboree Road and PCH "Back Bay View Park ". Jim Hildreth agreed and stated that it was the main route into Newport Beach, and would be fitting. Linda Grant agreed and stated that history is important to the City. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None P. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE SPECIAL MEETING OF NOVEMBER 5, 2004 AND ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 9, 2004. Jim Hildreth referred to pages 1323 and 1324 of the minutes, and stated that some of his comments were recorded correctly, but that others were either left out or recorded incorrectly. Motion by Council Member Webb to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 3. FATS, OIL AND GREASE (FOG) CONTROL ORDINANCE. Assistant City Manager Kiff provided a copy of an amended ordinance, which incorporated changes suggested by a couple of the council members and the Acting City Attorney. He noted that the changes aren't substantive. Assistant City Manager Kiff stated that the proposed ordinance is similar to the current ordinance and complies with the structure requested by the Regional Board. Additionally, he explained that adopting the ordinance does not adopt the fees. This would occur in July 2005 when the master fee resolution is adopted. Assistant City Manager Kiff stated that other communities in the region may be Volume 56 - Page 1356 INDEX (100 -2004) City of Newport Beach City Council Minutes November 23, 2004 adopting ordinances that require grease interceptors for existing restaurants, but that the City decided not to take this approach. He explained that Newport Beach has a fairly aggressive inspection and education program and that it should be given a chance. Council Member Nichols stated that with air pollution regulations, the tact is to bring everyone up to the same standards after a period of years. He stated that the proposed ordinance does not do this. He suggested that after five years, all restaurants should have a uniform requirement for grease interceptors. Jim Hildreth stated that the City has a habit of saying that water and the environment are extremely important. He suggested that the fees generated be used to bring everyone into compliance. Secondly, he suggested that any work that is needed be done at a reasonable time of day so that nearby residents and businesses aren't inconvenienced. Council Member Heffernan referred to Council Member Nichols' comments and asked what Assistant City Manager Kiff felt about a five - year compliance rule. Assistant City Manager Kiff responded by stating that the City has always been on the leading edge of water quality. He felt that inspection and education should be given a try to see if it might not be more effective than requiring the installation of interceptors. He noted that a new provision in the proposed ordinance is the requirement for a restaurant that is not in compliance to install an interceptor. Council Member Heffernan confirmed with Assistant City Manager Kiff that he feels that the requirements in the proposed ordinance will result in compliance. Assistant City Manager Kiff added that if they do not, he would not hesitate to come back to the City Council with a recommendation to change the ordinance. Assistant City Manager Kiff acknowledged members of the Utilities Department staff and Assistant City Manager Wood for their assistance in working on the issue. Council Member Nichols stated that a $25,000 per day fine for violations is ridiculous. He suggested that the fine be lowered to $500 or $100 per day. He explained that a higher fine is an example of what keeps people from going into business because of the liability. A more reasonable fine would still produce the desired result and would also make enforcement more equitable among the various businesses. Council Member Rosansky asked if the fine applies to violations of the Clean Water Act or violations of the City's municipal code. Assistant City Manager Kiff stated that it applies to violations of the Clean Water Act and is an existing fine. Violations to the City's code would be handled administratively and lower fines would be imposed. Motion by Council Member Webb to introduce Ordinance No. 2004- 27, as modified, amending Chapter 14.30 of the NBMC to reflect new wastewater system requirements of the Regional Board and pass to second reading on December 14, 2004. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor Volume 56 - Page 1357 INDEX City of Newport Beach City Council Minutes November 23, 2004 Ridgeway Noes: None Abstain: Nichols Absent: None 4. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO MODIFICATION PERMIT PROCEDURES TO REQUIRE ADDITIONAL FINDINGS AND REPLACE THE MODIFICATIONS COMMITTEE WITH A ZONING ADMINISTRATOR (PA 2003 -080). Dolores Otting read from the public hearing notice that she received for the item. She specifically noted that it referred to fees and that these were described in the staff report as being established by resolution. Ms. Otting asked when the fees were discussed and when the resolution was adopted. Mayor Ridgeway explained that fees are established by resolution by the City Council in July of every year. Assistant City Manager Wood added that there are no fee changes to modification permits included in the proposed ordinance. Ms. Otting also asked if a new person would be hired. Assistant City Manager Wood stated that no new position is being requested or authorized. Motion by Mayor Pro Tom Bromberg to adopt Ordinance No. 2004 -25 approving Code Amendment No. 2003 -003. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES FOR PREPARATION OF THE NEWPORT BOULEVARD WETLANDS PROJECT CONSTRUCTION DOCUMENTS. Council Member Nichols requested a description of the project and stated that he was unable to locate where the work would be taking place. He noted that silt is building up in the boat harbor and that dredging should possibly be considered instead. Additionally, he stated that he spoke with the Harbor Master who reported that oil sheens are infrequent. Mayor Ridgeway explained that the agreement under consideration is for a design to prevent contaminants from coming down Newport Boulevard into the canals and that the matter has already been addressed by the Coastal/Bay Water Quality Citizens Advisory Committee and professionals in the industry. Council Member Webb noted that a side benefit to removing the contaminants is that the silt would also be collected and removed before it gets to the bay. Volume 56 - Page 1358 INDEX (100 -2004) C -3741 Newport Boulevard Wetland Project (38/100 -2004) City of Newport Beach City Council Minutes November 23, 2004 Council Member Nichols stated that the contract is not described in the staff report and he was unable to locate the V -ditch that was referred to. Public Works Director Badum offered to meet with Council Member Nichols if additional information was desired. Council Member Nichols added that a map wasn't included to show the watershed where the water is being collected from. Assistant City Manager Kiff described the area and stated that in order to meet the deadlines of the State grant that the City received, the project needs to be started soon. In response to Council Member Nichols' concern that the V -ditch doesn't appear to have enough capacity to hold the amount of water that comes down, Assistant City Manager Kiff explained that the area would be expanded and wetlands created. Motion by Council Member Webb to approve a Professional Services Agreement with WRC Consulting Services, Inc. (WRC) of Anaheim for preparing planning and construction documents for the Newport Boulevard constructed wetlands at a negotiated fee of $72,982 and authorize the Mayor and the City Clerk to execute the agreement. Mayor Ridgeway requested that staff include graphics in the staff reports for future contracts. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 14. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 — SANTA ANA HEIGHTS (AREA BOUNDED BY MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE). Jim Hildreth stated that the proposed district is in an equestrian area and he hoped that the City would be working with the horse owners during construction. He explained that horses get spooked easily. Secondly, he hoped that the City would be testing the water that will collect in the vaults. Council Member Daigle reported that the project should be completed by 2008 and that it will provide a benefit to the community in regard to aesthetics and safety. Motion by Council Member Daigle to schedule a public hearing for 7:00 p.m. on January 11, 2005 to determine whether or not an Underground Utilities District should be formed in Santa Ana Heights along Mesa Drive, Cypress Street, and a portion of Orchard Drive, using the procedure of Chapter 15.32 of the municipal code. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Volume 56 - Page 1359 INDEX Underground Utilities District No. 19 — Santa Ana Heights (89/100 -2004) City of Newport Beach City Council Minutes November 23, 2004 Ridgeway Noes: None Abstain: None Absent: None 16. BROWN ACT INFORMATION RELATING TO AGENDAS. Dolores Otting provided a handout of California Government Code Sections 54950 and 54954.2. She read from the information and explained that it's a preamble to the Ralph M. Brown Act, and that the purpose of providing a description of an item that is to be addressed by a public agency is for the public to be informed adequately enough to determine if they are interested in participating in the discussion on that item. Ms. Otting referred to page two of her handout, which included the public hearing notice for an item and the wording from both of the agendas that it appeared on. She stated that the City doesn't always accurately or fully describe items on the agendas. Jim Hildreth agreed with Ms. Otting and stated that the Brown Act is being violated by the City. He cited a couple of examples. Motion by Council Member Webb to receive and file. Mayor Ridgeway stated that the City does not violate the Brown Act. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None S22. SECOND AMENDMENT TO DEVELOPMENT LOAN AGREEMENT WITH NEWPORT HOUSING PARTNERS, L.P. AND BUDGET AMENDMENT TRANSFERRING $250,000 FROM GENERAL FUND AFFORDABLE HOUSING RESERVE TO LOWER BAYVIEW LANDING SENIOR HOUSING ACCOUNT. Dolores Otting stated that when she was campaigning, she was asked about this senior housing project every day and that she pulled the item so that the public could be informed about it. Mayor Ridgeway stated that the project is for a 120 -unit senior affordable housing project, directly below the newly named "Back Bay View Park ". The developer has reported that they have over 400 unsolicited names on a list. Mayor Ridgeway stated that a lottery will likely be used to allocate the units. Council Member Nichols asked what the City's total commitment is on the project. Assistant City Manager Wood reported that the original loan amount was for $1 million with the possibility of an additional $500,000 if the project became subject to prevailing wage. She stated that construction costs rose during the time it took to get Coastal Commission Volume 56 - Page 1360 INDEX (100 -2004) C -3601 Lower Bayview Landing Senior Affordable Housing (38/100 -2004) City of Newport Beach City Council Minutes November 23, 2004 approval and go through litigation. Motion by Mayor Pro Tern Brombere to 1) approve, and authorize the Mayor and City Clerk to execute the Second Amendment to Development Loan Agreement between the City of Newport Beach and Newport Housing Partners, L.P.; and 2) approve a budget amendment (05BA -029) to appropriate $250,000 to Bayview Senior Affordable Housing Project (Account 7026- C2700798) from the General Fund's Affordable Housing Reserve. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT at 11:07 p.m. in memory of Jane Robinson. The agenda for the Regular Meeting was posted on November 17, 2004, at 2:00 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 November 19, 2004, at 3:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 56 - Page 1361 INDEX