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HomeMy WebLinkAbout01/13/2004 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 13, 2004 - 7:00 p.m. STUDY SESSION — 4:30 p.m. 11011 D1:1 CLOSED SESSION — 6:10 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: Adams (excused) C. CLOSED SESSION REPORT - City Attorney Burnham reported that the City Council, with Council Member Adams absent and Council Member Nichols voting no, approved proposed settlements with three plaintiffs in the Alkayali v. Trenton Veches case. The proposed settlements are subject to the approval of the court. As soon as the proposed settlements are final and to the extent permitted by lacy because minors are involved, the fact of approval and the substance of the agreements will be made available in the office of the City Clerk to any person who inquires. City Attorney Burnham reported that the City Council also discussed litigation entitled Michelle G. v. City of Newport Beach. Lastly, the City Council met with, and gave direction to, their labor negotiators with respect to the Marine Safety Officers Association and the Police Employees Association. D. PLEDGE OF ALLEGIANCE — Council Member Rosansky E. INVOCATION — Council Member Don Webb F. PRESENTATIONS Junior Chamber of Commerce Proclamation. Mayor Ridgeway presented a proclamation to Anna Lisa Biason, President of the Newport Beach Junior Chamber, Lory Sullivan, Secretary of the 2004 Junior Chamber Board, and Wayne Wright, Vice President of Management, proclaiming the week of January 18 to 24, 2004, as Jaycee Week. Ms. Biason thanked the City for the acknowledgement. Demonstration of electronic voting system and video, "How to Vote Using the eSlate ". City Clerk Harkless announced that the eSlate system will be implemented in Orange County for the 2004 primary election and, pending final approval by the Board of Supervisors, the Newport Beach City Clerk's office will be one of ten cities and five malls participating in an early voting program from February 2 to 22, 2004. City Clerk Harkless stated that a demo unit is currently set up in the City Clerk's office for those wanting to test out the new system. Volume 56 - Page 590 City of Newport Beach Regular Meeting January 13, 2004 G. H. In response to Mayor Ridgeway's question, City Clerk Harkless stated that a voter will be held to voting only once because the participating entities will have access to the County's database. City Clerk Harkless showed the video, which provided an overview of how the system works. Council Member Webb stated that he tested the eSlate system when it was on display in the Council Chambers lobby on December 9, 2003, and that it was easy to operate. In response to Council Member Heffernan's questions, City Clerk Harkless stated that the system should mean that the election votes will be counted faster. She wasn't aware of any other counties using the eSlate system. In response to City Manager Bludau's question, City Clerk Harkless stated that she wasn't aware of any change to the absentee ballot process. NOTICE TO THE PUBLIC CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Referring to the City Council's request at the December 9, 2003, meeting, Council Member Heffernan asked if the Harbor Commission is capable of making a recommendation on the pier permit fees, without having the appearance of a conflict of interest. City Attorney Burnham stated that if a member of the Harbor Commission has a pier permit, that member would recuse himself from voting on the matter. • Council Member Heffernan requested that the schedule of reports and public input opportunities for the Marinapark hotel be outlined. He also requested that information be provided on what the vote in November 2004 will mean and what it will decide. • Council Member Heffernan requested that a report on the City's budget and the effects of the State budget be presented at a future City Council meeting. • Council Member Rosansky thanked the Chamber of Commerce for the great job they did with the 2003 Christmas Boat Parade. • Council Member Rosansky requested that the prioritization of park development in the City be addressed at the City Council meeting of January 27, 2004. • Council Member Bromberg stated that at the City Council meeting on December 9, 2003, the City adopted the Pt Battalion, 1bt Marines from Camp Pendleton, and it is hoped that it will be the beginning of a long- term relationship. In that regard, he encouraged the public to send letters and cards to the Marines who are deployed in Iraq, at the following address: Volume 56 - Page 591 INDEX City of Newport Beach Regular Meeting January 13, 2004 Commanding Officer BLT 1/1 UIC 39711 FPO AP 96609 -9711 • Council Member Webb acknowledged the efforts of the Utilities Department employees who worked through the recent weekend on two waterline leaks and a valve service leak. He noted that the upcoming budget may need to address replacement of the aging water lines. • Council Member Webb requested that the City Council establish a Centennial Committee for the City's Centennial in 2006. • Council Member Webb requested that the City work with CalTrans with regard to the parking area adjacent to the Arches Bridge and across from the Arches Restaurant. He stated that he wants it to remain available for public parking. 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. AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. Continue to February 10, 2004. ORDINANCES FOR ADOPTION 4. Item removed from the Consent Calendar by Council Member Heffernan. 5. Item removed from the Consent Calendar by Mayor Ridgeway. 6. Item removed from the Consent Calendar by Council Member Nichols. RESOLUTIONS FOR ADOPTION 7. ACCEPTANCE OF THE CITY OF NEWPORT BEACH DESIGN CRITERIA, STANDARD SPECIAL PROVISIONS AND STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION, 2004 EDITION AND ADOPTING THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK" 2003 Volume 56 - Page 592 INDEX (100 -2004) (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 EDITION. 1) Adopt Resolution No. 2004 -1 approving the publication of the City of Newport Beach "Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction", 2004 Edition; and 2) adopt Resolution No. 2004 -2 adopting the "Greenbook Standard Specifications for Public Works Construction ", 2003 Edition. 8. Item removed from the Consent Calendar by Council Member Nichols. 9. RESOLUTION ADJUSTING STREET SWEEPING PARKING RESTRICTIONS ON VISTA DEL ORO AND MAR VISTA DRIVE. Adopt Resolution No. 2004 -4 adjusting street sweeping operation and related NO PARKING restrictions on Vista Del Oro and Mar Vista Drive from 8:30 a.m. to 12:30 p.m. Thursdays to 9:30 a.m. to 12:30 p.m. Thursdays; and 2) rescind Resolution No. 2003 -32. CONTRACTS AND AGREEMENTS 10. CAMEO SHORES SEWER FORCE MAIN REPLACEMENT - AWARD OF CONTRACT (C- 3646). 1) Approve the plans and specifications; 2) award the contract (C -3646) to GCI Construction for the total bid price of $177,905 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $17,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -022) in the amount of $49,865.63 from various accounts to Account No. 7531 - 05600728. 11. BALBOA VILLAGE IMPROVEMENTS PHASE 2 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3527). 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 year after Council acceptance; and 5) approve a budget amendment (BA -025) appropriating $64,000 in the Balboa Village Plan Phase 2 Account No. 7161- C5100543 from the CDBG surplus fund balance. MISCELLANEOUS ACTIONS 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM PROLITERACY, NEWPORT/MESA AND TRANSFER FUNDS TO APPROPRIATE ACCOUNTS FOR LITERACY SERVICES. Approve BA -023 in the amount of $15,000. 13. Item removed from the Consent Calendar by Council Member Heffernan. 14. Item removed from the Consent Calendar by Council Member Nichols. 15. Item removed from the Consent Calendar by Council Member Heffernan. Volume 56 - Page 593 INDEX (100.2004) C -3646 Cameo Shores Sewer Force Main Replacement (38/100 -2004) C -3527 Balboa Village Improvements Phase 2 (38/100 -2004) (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 Motion by Council Member Bromberg to approve the Consent except for those items removed (1, 4, 5, 6, S, 13, 14 and 15). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF DECEMBER 9, 2003. Jim Hildreth stated that the minutes of the regular meeting of December 9, 2003, do not correctly reflect his comments regarding the extension of a joint powers agreement with the County for mooring administration. Additionally, Mr. Hildreth stated that his comments during Public Comments were also incorrectly recorded, as were those of Mayor Ridgeway. Motion by Council Member Bromberg 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, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams 4. ORDINANCE EXTENDING NON- EXCLUSIVE CABLE TV FRANCHISES WITH ADELPHIA AND COX COMMUNICATIONS. Council Member Heffernan asked how much had been spent by the City on the extension of the franchise agreements. City Manager Bludau reported that the contract with the Buske Group to conduct the community needs assessment cost $45,000, and $20,000 had been spent on the contract with William M. Marticorena for legal counsel. He stated that William M. Marticorena continues to work for the City. Council Member Heffernan announced that the City receives a 5% franchise fee from the cable TV companies for crossing the right -of -way, and that the subscribers in the City pay over $20 million in cable TV charges per year. He reminded the public that the City has little discretion over what is being negotiated with the cable TV companies due to the Federal Telecommunications Act, but that the City will continue to do its best and that it is hoped that an agreement will be reached in July of the current year. Jim Hildreth stated that Adelphia and Cox Communications both perform a service for the City, noting that they televise the City Council Volume 56 - Page 594 INDEX Ord 2003 -19 Cable TV Franchises (42/100 -2004) City of Newport Beach Regular Meeting January 13, 2004 meetings. He stated that the televised broadcasts of the meetings are more accurate than the minutes. He suggested that the terms of the agreements with the cable TV companies be expanded, so that the video tapes of the meetings are more accessible to the public. Motion by Council Member Heffernan to adopt Ordinance No. 2003- 19 extending the current franchise agreements with Cox and Adelphia until July 27, 2004. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams Motion by Mayor Ridgeway to limit comments by the public on the items removed from the Consent Calendar at the current meeting to three minutes. Mayor Ridgeway explained that the items _ on the Consent Calendar are usually ministerial matters, while the other items on the agenda usually require more debate, more discussion and more citizen input. City Attorney Burnham stated that if the City Council wants the change to apply to future meetings, a change in the policy will need to be made. Robert Walchli expressed his concern for making such a change and spoke in opposition to the motion. Council Member Bromberg noted that public speakers can always request additional time from the Mayor. Mayor Ridgeway agreed and acknowledged that some items on the Consent Calendar should possibly not be on the Consent Calendar. He expressed his concern for the participants who are shortchanged when their items are heard so late in the evening. Dolores Otting agreed that many items are often removed from the Consent Calendar, but noted that some items should probably not have been on the Consent Calendar to begin with. She disagreed with reducing the time allowed public speakers. Council Member Heffernan suggested that possibly the more extensive items should be discussed prior to the Consent Calendar. City Attorney Burnham stated it would require a change in the policy regarding the order of items on the agenda. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams 5. PARK PATROL AUTHORITY TO WRITE ADMINISTRATIVE CITATIONS. Volume 56 - Page 595 INDEX (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 At the request of Mayor Ridgeway, Recreation & Senior Services Director Knight reported that the ordinance would allow the park patrol officers to write administrative citations for Chapter 5.10 of the Newport Beach Municipal Code (NBMC), which deals with special event permits, and Chapter 11.04, which deals with conduct in the parks. She further explained that special event permits are issued with conditions, and that the officer would be able to write citations for a violation of any of the conditions. She stated that the citations for conduct in the parks would be written for infractions of the City's current regulations. Mayor Ridgeway asked if the park patrol program has continued to be self - funding. Recreation & Senior Services Director Knight reported that it has and that the funding sources for the program include a new fee for youth sports organizations and increased fees for park rentals. She noted that an increase in the fees for special event permits will also be implemented in the future. Robert Walchli expressed his support for enabling the new park rangers to issue citations for infractions. He stated that the issuance of citations is generally a discretionary action, but he's confident that the rangers have the experience and maturity to do so when appropriate. He stated that a verbal warning should be issued first and that the ranger should have the ability to enforce the rules if the education attempt fails. Mr. Walchli stated that the park patrol program should be proactive and stop problems before they get out of hand, and the ability to issue citations is a needed tool. In closing, he expressed his support for the program in protecting the residents and retaining their quality of life. Dolores Otting asked how the park rangers are reached if needed. Recreation & Senior Services Director Knight stated that dispatch at the Police Department can be called and the phone number of the park rangers will be given to the caller. The number to dispatch is 644 -3717 and the number to park patrol is 795 -2381. Motion by Council Member Brombere to adopt Ordinance No. 2003- 20 amending Section 1.12.020 of Chapter 1.12 of the Newport Beach Municipal Code to authorize Park Patrol Officers to issue citations. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams 6. LANDMARK BUILDINGS, CODE AMENDMENT NO. 2003 -009; AND BALBOA THEATER, 707 EAST BALBOA BOULEVARD, GENERAL PLAN AMENDMENT NO. 2003 -006 AND LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -005 (PA2003 -212). City Attorney Burnham stated that the only item before the City Council Volume 56 - Page 596 INDEX (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 at the current meeting is the code amendment. He stated that action on the general plan amendment and the local coastal program amendment was taken at the City Council meeting of December 9, 2003. Council Member Nichols recused himself from voting on the item. As a member of the public, Council Member, Nichols confirmed with City Attorney Burnham that the code amendment increases the height allowance to 55 feet. Council Member Nichols stated the standard height of commercial buildings in Corona del Mar is 32 feet, and that increasing the height of landmark buildings to 55 feet also goes against the requirement that the buildings retain their original shape. He stated that it might work for the Balboa Theater, but isn't necessarily appropriate for all theaters. He suggested that the amendment apply to the Balboa Theater only and that it could be considered for the other theaters in the future if it works there. Phil Arst stated that he wanted to address the general plan amendment. City Attorney Burnham stated that his comments would need to address the code amendment, but noted the letter from Mr. Arst, written on behalf of Greenlight and dated January 12, 2004. City Attorney Burnham stated that staff will be preparing a report to the City Council for the meeting of January 27, 2004, which will address the concerns in the letter regarding intensity and floor area limits. After a brief conversation, Mayor Ridgeway suggested that Mr. Arst contact the City Attorney or himself to discuss the matter further. Motion by Council Member Brombere to adopt Ordinance No. 2003- 21 amending Title 20 of the NBMC. Council Member Heffernan asked why the Lido and Port Theaters were a part of the ordinance. Planning Director Temple stated that the item is unconventional in its structure, but it was decided to use the landmark building provisions of the nonconforming chapter of the zoning code to address the issue related to flexibility for height limits at the Balboa Theater. She stated that the code section would apply to all landmark buildings, but that it only provides the opportunity for a use permit to be applied for. Council Member Heffernan further confirmed with Planning Director Temple that the amendment deals with the findings that would be required and does not provide for an automatic entitlement. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: None Abstain: Nichols Absent: Adams S. INITIATION OF A MUNICIPAL CODE AMENDMENT TO TITLE 20 RELATED TO THE SIZE OF ELEVATOR SHAFTS THAT MIGHT EXCEED APPLICABLE HEIGHT LIMITS AND OFF - STREET PARKING REQUIREMENTS FOR MEDICAL AND Volume 56 - Page 597 INDEX (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 DENTAL OFFI Council Member Heffernan asked why the matter is before the City Council at this time. Planning Director Temple stated that when medical facilities were built in earlier decades, the nature of the delivery of medical services was quite different than it is today. She stated that over the past ten years, City staff has noticed a shortfall of parking at the medical complexes and is, therefore, recommending that a study be done to determine if a different ratio would be appropriate. Council Member Heffernan asked if any pending medical projects are being focused on. Planning Director Temple stated that there are pending projects, but that they would not be held up during the process. Council Member Heffernan asked how it would apply to Hoag Hospital. Planning Director Temple stated that Hoag's permissions are based on demonstration of parking adequacy for each phase of development. She stated that there is a separate criteria used for Hoag. Mayor Ridgeway stated that parking requirements for certain uses have changed over the past ten years and, in this case, the Health Maintenance Organizations (HMO's) have created an increased demand on the doctor's offices. He stated that the amendments are long overdue. Council Member Nichols agreed that more parking is needed and that this will begin to address the problem. Motion by Council Member Heffernan to adopt Resolution No. 2004 -3 initiating amendments to Title 20 of the NBMC. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams 13. APPROVAL OF ORANGE COUNTY MUSEUM OF ART BANNERS — ENCROACHMENT PERMIT N2003 -0475. Council Member Heffernan stated that the request to place banners Citywide for a non -City event seems to be unique. City Manager Bludau stated that he couldn't say if future requests will be made, but that banners are an effective way to advertise. Council Member Heffernan expressed his concern for less appropriate requests in the future. City Manager Bludau stated that the City Council has the authority to deny or approve such requests. Mayor Ridgeway added that the Taste of Newport and the Jazz Festival have made similar requests in the past. He noted that the banners are expensive to buy and install, and he wouldn't have a concern for a trend being started by approving the current request. Council Member Webb stated that he believes that the Orange County Volume 56 - Page 598 INDEX (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 Museum of Art has installed banners in the past. Council Member Heffernan asked if the City would be required to grant future requests that meet the City's criteria by granting this one, referring to Ist Amendment rights. City Attorney Burnham stated that the City Council would have to treat all requests equally. Council Member Bromberg stated that the Orange County Museum of Art is located in the City, and noted that the Newport Ocean Sailing Association (NOSA) is also expected to request banners in the future for their event. Dolores Otting stated that the entities pay for the banners, the installation, the insurance and the $430 encroachment fee. She referred to a prior experience in the City and suggested that what other cities charge should also be looked at, in case Newport Beach is undercharging. Mayor Ridgeway stated that the City is trying to promote community interests and not commercial interests. Paul Glowienke stated that he is in support of the Orange County Museum of Art installing banners, but urged the City Council to limit the size and scope of the Bank of America sponsorship presentation on the banners. Council Member Bromberg asked Mr. Glowienke if he'd seen the proposed banners. Mr. Glowienke responded in the negative. Council Member Bromberg stated that the Bank of America logo is not prominent. Mr. Glowienke also asked how the City's fee is established. Public Works Director Badum stated that encroachment fees are based on the City's actual cost. Robert Walchli stated that the policy should possibly be looked at. He noted that $400 seems fairly cheap for advertising, and that it could result in more commercial advertising which he didn't feel would be desirable. He stated that more regulation may be needed. Motion by Council Member BromberE to conditionally approve the request of the Orange County Museum of Art for the installation of 99 banners from January 16, 2004 to April 25, 2004 for the Annual Art Banner program. The motion carried by the following roll call vote Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: Heffernan Abstain: None Absent: Adams 14. COMMENTS ON ENVIRONMENTAL REVIEW FOR PROPOSED SCHOLLE PROJECT (JAMBOREE ROAD AND FAIRCHILD ROAD) AND OTHER PREVIOUSLY APPROVED PROJECTS IN THE IRVINE BUSINESS COMPLEX. Volume 56 - Page 599 INDEX (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 Council Member Nichols stated that the item pertains to very large complexes at the City's border, and that any traffic analyses should include how the traffic will affect Newport Beach. Mayor Ridgeway stated that the City of Irvine has, pursuant to a master environmental impact report, approved eight projects in the last several years. He stated that it is important for Newport Beach to evaluate and review development projects adjacent to Newport Beach. Mayor Ridgeway commended the Environmental Quality Affairs Committee (EQAC) and the Planning Department for taking a look at a very serious issue in the airport area. Assistant City Manager Wood also commended EQAC. She noted a revision to Page 10 of the letter that was distributed prior to the meeting. Council Member Bromberg also commended EQAC for the effort put into the letter and the review of project. He stated that they are making a difference. Robert Hawkins, EQAC Chair, agreed with the revision to Page 10. He additionally suggested that on Page 1 in the second paragraph, that it be noted that the committee members "prepared a report" instead of the committee members "compiled a summary of concerns ". He noted that EQAC worked very hard in reviewing the information and preparing the report. Mr. Hawkins stated that the committee focused on the problem of making the traffic improvements to the north while the projects and trips are being transferred to the south. Mr. Hawkins stated that the ability of EQAC to comment on non -City environmental documents should be permitted without a request from staff. Motion by Council Member Brombere to direct staff to transmit comments prepared by EQAC to the City of Irvine; and direct staff to make additional comments on the revised traffic study and other studies that may become available prior to public hearings. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams 15. BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL FUNDS FOR RESIDENTIAL REFUSE COLLECTION SERVICES IN THE NEWPORT COAST AREA. Council Member Heffernan asked why there was such a budget shortfall and, secondly, based upon current revenue, if the increase in property tax revenue from Newport Coast exceeds the budget amendment to pay for the added trash bill. City Manager Bludau responded in the affirmative to the second question. In response to the first question, he stated that Volume 56 - Page 600 INDEX j (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 INDEX it's a moving target and that the City's estimates will always be a little behind what is actually occurring. Motion by Council Member Heffernan to approve a budget amendment (BA -024) to appropriate additional funds in the amount of $147,700 to cover the cost of residential refuse collection services in the Newport Coast area. Council Member Nichols stated that the rate of construction in Newport Coast isn't entirely under the City's control. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Adams K. PUBLIC COMMENTS Paul Glowienke thanked the City Council for the proclamation earlier in the meeting, in support of the Junior Chamber of Commerce. He suggested that each of the council members continue to support the Junior Chamber of Commerce by nominating an individual to join the Junior Chamber of Commerce. Robert Walchli stated that he had planned to provide a PowerPoint presentation using the City's projection system, but was informed by City staff that it was not possible. He asked the City Council to consider providing the funds needed to expedite the availability of such technology to the public. Additionally, Mr. Walchli stated that there is a new problem affecting views in Corona del Mar, and explained that a neighbor has installed a canopy on the rooftop deck of his home. Mr. Walchli provided photos and explained that the canopy is, in essence, a third - story structure that exceeds the height limit of permanent construction. Mr. Walchli asked the City Council to adopt an ordinance prohibiting any temporary or permanent structures from exceeding the legal construction height. Mayor Ridgeway requested that the Planning and Building departments look into the matter. Jim Hildreth referred to a letter, dated November 12, 1998, from Wes Armand, which stated that the mooring Mr. Hildreth is speaking of was approved by the City for that location in 1976 and is listed as a pier permit. Mr. Hildreth stated that fees are not being collected for moorings in the Grand Canal and that the Grand Canal is not bayward. Mr. Hildreth referred to several other documents, which supported the mooring in question as a pier permitted site. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Volume 56 - Page 601 City of Newport Beach Regular Meeting January 13, 2004 INDEX Status report- Ad Hoc General Plan Update Committee (GPUC). No report. Status report - Local Coastal Program Certification Committee. Mayor Ridgeway stated that the LCP Committee will be meeting next on January 21, 2004, at 4:30 p.m. Status report - Newport Coast Advisory Committee. Council Member Heffernan stated that the NCAC met on January- 5, 2004, and recommended that the City acquire the view parks in Newport Coast and Coyote Canyon Landfill from the County. He stated that the community center will be the topic of conversation at the next NCAC meeting on February 2, 2004, at 5:30 p.m. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that there was nothing new to report. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT (100 -2004) 16. PLANNING COMMISSION AGENDA FOR JANUARY 8, 2004. Planning Director Temple stated that the Planning Commission had two items on their agenda at the January 8, 2004, meeting. She stated that the first item dealt with an appeal of a decision of the Modifications Committee regarding a residence on Mendoza Terrace. The Planning Commission approved the appeal and overturned the decision of the Modifications Committee. Planning Director Temple stated that the other item on the agenda dealt with a significant project on West Coast Highway in the Mariners Mile area. She reported that the Planning Commission approved the proposal for retail and automobile sales on the site. Council Member Nichols stated that he'd like the opportunity to call -up the decision of the Modifications Committee regarding 440 Heliotrope, which occurred in December 2003. Planning Director Temple stated that she would discuss the matter with the City Attorney to determine if relief is possible. Mayor Ridgeway asked for clarification on the requirement that two council members are needed to call an item up for review. City Attorney Burnham stated that staff will look at the policy on call -ups and the situation when there are more than 14 days between City Council meetings. Council Member Bromberg stated that he didn't remember there being a requirement that the call -ups occur at a City Council meeting. N. PUBLIC HEARINGS 17. PA 2003 -149: PREZONING AND GENERAL PLAN AMENDMENTS Ord 2004 -1 FOR ANNEXATION OF AREA 7 (GP 2003 -005 AND CA 2003 -006) Annexation/ AND THE EMERSON STREET AREA (GP 2003 -006 AND CA 2003 - Area 7 & 007). Emerson Street (21/100 -2004) Volume 56 - Page 602 City of Newport Beach Regular Meeting January 13, 2004 INDEX Mayor Ridgeway stated that he would be recusing himself from voting on the matter due to a conflict of interest. Larry Lawrence, consultant, stated that in March 2003, the City Council directed staff to prepare an application to annex West Santa Ana Heights, the Santa Ana Country Club and adjacent areas. Preannexation proceedings were previously initiated for Emerson Street. Mr. Lawrence reported that none of the areas currently have zoning or general plan land use designations. The purpose of the proposed action at the current meeting is to apply such designations. He emphasized that the action does not include any action on the actual annexation of the areas. Annexation will require separate approval by the Local Agency Formation Commission (LAFCO) and final action by the City Council. Mr. Lawrence stated that the proposed amendments have been designed to translate the existing County land use designations into corresponding City designations. Mr. Lawrence noted a typographical error on Page 4 of Exhibit ZA -1 of the staff report. He stated that the site area square feet per dwelling unit in the Medium Density Residential (RMD) district should be "3000" and not "2000 ". City Manager Bludau stated that the issue will return to the City Council at the meeting of January 27, 2004, for second reading of the ordinance, and again at a future meeting for approval of the submission of the annexation application to LAFCO. He noted that the prezoning map may differ slightly from the annexation map, since more territory is prezoned than may actually be annexed due to the lengthy process. Council Member Bromberg opened the public hearing. Randy Ranck, a resident of "Area T', referred to Exhibit 20.44 -1 of Exhibit ZA -3 of the staff report and stated that his major concern is the Residential Kennel (RK) designated area near the Residential Multiple Family (RMF) designated area, as indicated on the map. He reported that he will soon have his fourth meeting with the Orange County Planning Commission and that the Commission has asked the kennel owners to come up with a means of keeping the dogs quiet between the hours of 10:00 p.m. and 7:00 a.m. Mr. Ranck stated that the kennels are against the common wall of the complex he lives in and the exterior noise from the kennels is above the maximum allowed by the County. May Ranck, a resident of "Area 7 ", expressed her dissatisfaction with the noise from the kennels. She stated that she hoped that the City will be able to provide some assistance. Cal McLaughlin stated that he chaired the volunteer group that circulated the petition that successfully protested the annexation of "Area 7" to Costa Mesa. He reported that 77% of the registered voters in the area want to be annexed into Newport Beach. Hearing no further testimony, Council Member Bromberg closed the public hearing. Council Member Webb asked if Newport Beach currently has an RK zone. Volume 56 - Page 603 City of Newport Beach Regular Meeting January 13, 2004 Assistant City Manager Wood responded in the negative. Council Member Webb asked if something should be done during the creation of the RK zoning designation that will allow the City to have better control over the noise in such areas. Planning Director Temple stated that the type of noise under discussion would not be regulated by Title 20 of the Newport Beach Municipal Code (NBMC). She stated that nuisance noise issues are addressed in Titles 7 and 10. Council Member Webb asked if the construction of new kennels would be required to meet the requirements of the zoning code. Planning Director Temple stated that it would probably work best for the City to require some type of discretionary permit and that design and development standards could also be looked at. Council Member Webb stated that it might be a good idea to have provisions in the zoning code to deal with new or redeveloped kennel construction. Planning Director Temple further noted that any new kennel would require the issuance of a use permit by the Planning Commission. Per the question of Council Member Nichols, Planning Director Temple stated that the City does not currently allow commercial kennel operations. Further, veterinarian operations are not considered kennels. Motion by Council Member Webb to adopt Resolution No. 2004 -5 approving General Plan Amendment Nos. 2003 -005 and 2003 -006; and introduce Ordinance No. 2004 -1, approving Code Amendment Nos. 2003- 006 and 2003 -007, and as amended to change the site area square feet per dwelling unit in the RMD district from "2000" to "3000 ", and pass to second reading on January 27, 2004. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols Noes: None Abstain: Mayor Ridgeway Absent: Adams is. VACATION OF PUBLIC UTILITY EASEMENT AT 3209 VIA LIDO. Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Mayor Ridgeway to adopt Resolution No. 2004 -6 ordering the vacation and abandonment of the 4 -foot wide utility easement located in Parcel 1 of Newport Beach Lot Line Adjustment No. NBLL95 -2 as described in Exhibit "A" and depicted in Exhibit "B "; and direct the City Clerk to have the Resolution recorded in the Office of the County Recorder. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Volume 56 - Page 604 INDEX Vacation 3209 Via Lido (90/100 -2004) City of Newport Beach Regular Meeting January 13, 2004 Abstain: None Absent: Adams O. CONTINUED BUSINESS 19. REFILLING VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC) (contd. from 12/09/03). Council Member Webb noted that Barbara Lyon is listed as a District 3 representative, although she lives in District 2. He stated that she lives in the Newport Heights area and the objective for geographical divergence will still be met by her appointment. Assistant City Manager Wood noted that all four nominees recommended by the General Plan Update Committee (GPUC) did attend the recent GPAC meeting on January 12, 2004. Paper ballots were distributed and City Clerk Harkless announced the votes as follows: Elizabeth Bonn - (Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway) Barbara Lyon - (Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway) Gordon Glass - (Webb, Nichols) Hall Seely - (Heffernan, Rosansky, Bromberg, Mayor Ridgeway) City Clerk Harkless announced the appointment of Elizabeth Bonn for District 1, Barbara Lyon for District 3, and Hall Seely for District 4 (at large members). 20. CORONA DEL MAR STATE BEACH IMPROVEMENTS - AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS (contd. from 12/09/03). Mayor Ridgeway confirmed with Public Works Director Badum that the scope of work now includes all additional scope from what was originally approved and that staff feels comfortable in their recommendation. Council Member Heffernan asked how the phasing was determined. Public Works Director Badum stated that the Phase 2 items were additional add -ons that were brought to the City's attention as the project evolved. He stated that the essential goal of the project was to replace the existing deteriorated structures. Council Member Nichols stated that many people do not agree with what is being proposed. Mayor Ridgeway stated that the merits of the project are not being considered at this time. The action before the City Council is pertaining to an amendment to the contract. Volume 56 - Page 605 (100 -2004) C -3461 Corona del Mar State Beach Improvements (38/100 -2004) City of Newport Beach Regular Meeting January 13, 2004 Motion by Council Member Webb to approve Amendment No. 2 to Professional Services Agreement with Robbins Jorgensen Christopher Architects, and authorize the Mayor and City Clerk to execute the Amendment. Council Member Webb confirmed with Public Works Director Badum that the additional design includes the factors discussed at the previous public hearing. Council Member Rosansky confirmed with Public Works Director Badum that the City is receiving 50% more in service for the 50% more money that is being spent. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: Adams P. CURRENT BUSINESS 21. APPOINTMENTS BY THE MAYOR TO THE COUNCIL /CITIZENS AD HOC COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS ADVISORY COMMITTEES. Mayor Ridgeway made the following appointments: I. COUNCIL /CITIZENS AD HOC COMMITTEES A. Aviation Committee 1. Council Member Bromberg 2. Council Member Webb 3. City Manager or designee 4. City Attorney or designee 5. Current president or designee of the Airport Working Group 6. Resident of Newport Coast /Newport Ridge Judith Whitmore Chairman - Bromberg (either Council Member or resident) Vice Chair — Webb (either Council Member or resident) B. Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP) 1. Mayor Ridgeway 2. Council Member Bromberg 3. Council Member Rosansky Chairman — Mayor Ridgeway Volume 56 - Page 606 INDEX (100 -2004) City of Newport Beach Regular Meeting January 13, 2004 INDEX U. building Ad hoe Uomnuttee 1. Mayor Ridgeway 2. Council Member Bromberg 3. Council Member Heffernan 4. City Manager D. City- School Ad Hoc Committee 1, Mayor Ridgeway - Chair 2. Council Member Webb 3. Council Member Heffernan 4. City Manager E. Economic Development Committee (EDC) 1. Mayor Ridgeway 2. Council Member Bromberg 3. Council Member Rosansky 4. Planning Commissioner Selich 5. EQAC Chairman 6. Chairman — Selich F. Oil and Gas Field Operations Committee 1. Mayor Ridgeway 2. Council Member Nichols 3. Utilities Department Director G. City Council Ad Hoc Sphere Issues Committee 1. Mayor Ridgeway - Chair 2. Council Member Bromberg 3. Council Member Rosansky H. Affordable Housing Task Force 1. Mayor Ridgeway - Chair 2. Council Member Bromberg 3. Council Member Webb I. Ad Hoc General Plan Update Committee 1. Mayor Pro Tem Adams — Chair 2. Council Member Bromberg 3. Council Member Rosansky 4. Planning Commissioner (agreed upon by membership) 5. Planning Commissioner (agreed upon by membership) 6. Planning Commissioner (agreed upon by membership) 7. Environmental Quality Affairs Citizens Advisory Volume 56 - Page 607 City of Newport Beach Regular Meeting January 13, 2004 INDEX Committee designee S. Economic Development Committee designee 9. Aviation Committee designee 10. Harbor Commission designee 11. Greenlight designee J. Web Site Review Ad Hoc Committee 1. Mayor Pro Tem Adams — Chair 2. Mayor Ridgeway 3. Council Member Nichols K. Ad Hoc Telecommunications Committee 1. Council Member Nichols 2. Council Member Heffernan 3. Community Member Donald Boortz 4. Community Member Leslie Daigle L. Local Coastal Program (LCP) Certification Committee 1. Mayor Ridgeway — Chair 2. Council Member Bromberg — Vice Chair 3. Council Member Webb 4. Planning Commissioner Selich 5. Planning Commissioner Toerge 6. Planning Commissioner McDaniel M. July 4th West Newport Safety Planning Committee 1. Mayor Ridgeway 2. Council Member Rosansky 3. Community Member Craig Batley 4. Community Member Mary Bryant N. Mariners Joint Use Library Ad Hoc Steering Conunittee 1. Council Member Webb — Chair 2. Mayor Ridgeway 3. Newport Beach Library Trustee Hamilton 4. Newport Beach Library Trustee Chase O. City Council Economic Advisory Committee 1. Mayor Ridgeway — Chair 2. Mayor Pro Tern Adams 3. Council Member Bromberg P. City Council Ad Hoc Legal Services Committee 1. Mayor Ridgeway Volume 56 - Page 608 City of Newport Beach Regular Meeting January 13, 2004 INDEX 2. Council Member Bromberg 3. Council Member Heffernan Q. Ad Hoc Friends of Oasis Cooperative Agreement Committee 1. Mayor Ridgeway 2. Council Member Webb R. Santa Ana River Crossings (SARX) Ad Hoc Committee 1. Mayor Ridgeway 2. Council Member Webb 3. Council Member Rosansky II. COUNCIL COMMITTEE A. Finance Committee 1. Council Member Heffernan — Chair 2. Council Member Rosansky 3. Council Member Webb III. REPRESENTATIVES TO JOINT GOVERNMENTAL A. Growth Management Area S Representative 1. Council Member Nichols B. Hazardous Waste Material - Joint Powers Authority 1. Council Member Nichols C. Inter -City Liaison Committee 1. Council Member Bromberg 2. Council Member Heffernan 3. City Manager D. Joint Committee for the Evaluation and Implementation of the Upper Newport Bav Cooperative Agreement 1. Mayor Pro Tem Adams 2. Council Member Webb (Alt.) E. League o£ California Cities /Orange County Division 1. Council Member Webb 2. Council Member Bromberg (Alt.) Volume 56 - Page 609 City of Newport Beach Regular Meeting January 13, 2004 Ilia 130.4 1 ". Urange County Coastal Coalition 1. Mayor Ridgeway G. Orange County Council of Governments (OCCOG) 1. Mayor Ridgeway* *SCAG District 14 representative and OCCOG Board Member 2. Council Member Rosansky (Alt.) H. Orange County Homeless Coalition (Affordable Housing) 1. Council Member Rosansky 2. Planning Staff Member Jaime Murillo L Orange County Housing Commission - Advisory Committee 1. Planning Staff Member Jaime Murillo 2. Planning Staff Member Dan Trimble (Alt.) J. Orange County Regional Airport Authority O{ CRAA) 1. Council Member Rosansky 2. Council Member Webb (Alt.) K. Orange County Sanitation District (OCSD) 1. Mayor Ridgeway 2. Council Member Webb (Alt.) L. Santa Ana River Crossing (SARX) Study Policy Advisory Committee 1. Council Member Rosansky 2. Council Member Webb (Alt.) M. Santa Ana River Flood Protection Agency 1. Council Member Rosansky 2. Council Member Nichols N. San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors 1. Mayor Pro Tem Adams 2. Council Member Webb (Alt.) O. Southern California Association of Governments S( CAG) Volume 56 - Page 610 City of Newport Beach Regular Meeting January 13, 2004 INDEX 1. Mayor Ridgeway* *Appointed by Orange County Division of the League of California Cities P. SR73 /SR55/I -405 Freeways Confluence Policy Committee 1. Mayor Pro Tom Adams IV. CITIZENS ADVISORY COMMITTEES A. Environmental Quality Affairs 1. Council Member Bromberg 2. Council Member Nichols 3. Chairman or designee of EDC 4. Chairman — Robert Hawkins [citizen (at large)] B. Coastal/Bay Water Quality Citizens Advisory Committee 1. Mayor Ridgeway 2. Council Member Webb 3. Council Member Rosansky Chair — Ridgeway (either Council Member or resident) Vice Chair — Webb (either Council Member or resident) C. Youth Council 1. Mayor Ridgeway (Liaison) 2. Recreation & Senior Services Staff Member D. General Plan Advisory Committee (GPAC) 1. Co -Chair — Nancy Gardner (appointed from membership) 2. Co -Chair — Phillip Lugar (appointed from membership) E. Newport Coast Advisory Committee 1. Council Member Heffernan 2. Council Member Nichols 3. Community Member Jack Butefish 4. Community Member Patrick Fuscoe 5. Community Member Donald Phelps (Alt.) Motion by Council Member Bromberg to confirm the appointments as recommended and announced by the Mayor. Volume 56 - Page 611 City of Newport Beach Regular Meeting January 13, 2004 INDEX The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: Adams Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT at 9:35 p.m. in memory of Hidi Helwig. * * *xxxxt:t The agenda for the Regular Meeting was posted on January 7, 2004, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Se— c�tary Mayor City Clerk U F� �RHIA Volume 56 - Page 612 City of Newport Beach Regular Meeting January 13, 2004 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 56 - Page 613