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HomeMy WebLinkAbout01/25/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 25, 2005 - 7:00 p.m. STUDY SESSION - 4:00 p.m CLOSED SESSION - 6:05 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Q C. D. E. F. ROLL CALL Present: Heffernan, Rosansky, Webb, Bromberg Absent: None CLOSED SESSION REPORT - 6:00 p.m. PLEDGE OF ALLEGIANCE Ridgeway, Daigle, Nichols, Mayor INVOCATION -Bishop J. Donald Turner, Newport Beach Stake of the Church of Jesus Christ of Latter -Day Saints PRESENTATIONS Presentation by the Corona del Mar High School Tsunami Relief Fund Committee - Corona del Mar students announced that they organized a coalition of clubs on campus to conduct a benefit for the tsunami victims sometime in March in which bands from Corona del Mar High School and Newport Harbor High School will perform. They stated that information will be published in the Daily Pilot, people can contact Denise Weiland in the Community Services Office at Corona del Mar High School for more information, and they will make an announcement at a Council meeting once the date has been confirmed. They reported that they will also be selling wristbands to raise money and possibly record the bands at the benefit and sell the CD. Mayor Bromberg acknowledged Recreation Manager Levin who works with the Youth Council and is also working with these students. Presentation by Karen Summers of "Purity for a Childs Journey" (contd. from 1/11/05) - Darrel Jensen, local CPA, stated that he met Karen Summers during the early beginnings of the program. He indicated that he became a supporter of Ms. Summers and her goals and vision for the organization largely because it benefits children. Ms. Summers stated that Purity for a Childs Journey was formed because she discovered that unregulated contaminants in Texas could have been a source of her thyroid cancer. She reported that her national organization finds corporate sponsors to install reverse osmosis water systems in schools and purchase bottled water for athletic departments in smaller communities since their schools are year - round. Volume 57 - Page 43 INDEX City of Newport Beach City Council Minutes January 25. 2005 INDEX Presentation to Newport Beach Flag Football Team — Recreation and Senior Services Director Knight reported that the Lincoln Elementary School Division C 3 *a and 40, grade flag football team finished in second place in the City league, won the Orange County league, and finished in second place in the Southern California tournament. She stated that they are the first flag football team in the City's history to advance to this level, noting that they lost the championship round to an all -star team from Porterville. Mayor Bromberg presented the players, the assistant coach, and the coach with certificates of recognition. Youth Council Presentation — Recreation Manager Levin stated that he enjoys working with the Youth Council, along with Council Member Ridgeway. He indicated that they do many things throughout the year, but Challenge Day is probably the most impactful event they do. Mr. Levin introduced Brittany Levine from Sage Hill School, Christie Thatcher from Newport Harbor High School, and Zan Marigolis from Corona del Mar High School. Ms. Levine reported that Challenge Day was started by two individuals who believed that students can be the change within their own campuses since violence and alienation exist in high schools. She stated that Challenge Day, which will be held on March 5, is free to any high school student. She presented Council with wristbands that state `Be the Change" which is this year's motto and noted that the wristbands are being sold by Youth Council representatives at the high schools. She reported that they need adult facilitators for the event and anyone interested can contact Recreation Manager Levin in the Recreation and Senior Services Department. Council Member Ridgeway reported that he cannot attend this year, but Challenge Day is well attended and the student council is always profoundly affected by this event. American Heart Association Proclamation declaring February 4th "Go Red for Women" Day — Judy Voltner, Orange County Heart Association Board of Directors member and heart survivor, reported that heart disease /stroke is the #1 killer of women. Mayor Bromberg read the proclamation and presented it to Ms. Voltner. 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 stated that traffic impact issues are continually raised at the Planning Commission hearings regarding St. Andrews Presbyterian Church. He stated that he saw a lot of parking spaces in the school parking lot after the 10:15 a.m. service started and asked if the City conducted a parking survey. Council Member Heffernan asked that a budget for the Centennial Celebration be brought to Council for approval with an outline and timeline of what will occur. He stated that he wants to make sure all of Council is on board about spending this type of money in these times when there may be other projects needed. Mayor Pro Tern Webb reported that he attended the DARE graduation at Anderson Elementary School and there will be more graduations in the next two weeks. He congratulated the School District and Police Officer Volume 57 - Page 44 City of Newport Beach City Council Minutes January 25, 2005 Rachel Hall for carrying out such a wonderful program, and congratulated the students for going through and completing the program. Council Member Ridgeway reported the impacts the DARE program has had on his sons. • Council Member Daigle reported that she attended a land use conference in which they discussed mixed use development, walkability, work -force housing, the cafe culture, transportation, and how you shape and reshape certain areas. She noted that the vision for the Airport Business Area is mixed use development. She stated that this area faces a number of challenges, noting that it borders Irvine. She requested that the Irvine - Newport Beach Borders Committee convene to open the lines of communication, and to collaborate and coordinate this area. • Council Member Nichols stated that Assistant City Manager Kiff was supposed to bring back an analysis from the Army Corps of Engineers about what has happened along the shore due to the storms. He asked where sand needs to be placed, where is there excess sand, etc. • Council Member Nichols acknowledged receiving letters from members of the Santa Ana Country Club who live in the City and are interested in having the Country Club annexed into Newport Beach. • Council Member Nichols believed that there are unwritten zoning guidelines that aren't in the code. He stated that the guidelines need to get in the zoning code to have an interpretation of who can do these things, who can stop these things, and when the stringline is used on the beaches. • Mayor Bromberg announced that the Third Annual Newport Beach Relay for Life sponsored by the American Cancer Society will be held in the Newport Harbor High School infield on May 13 to May 14 from 6:00 p.m. to 6:00 p.m. He reported that the executive committee needs volunteers and those wishing to volunteer can contact David Shapera at (949) 567- 0635. • Mayor Bromberg reported that the 1/1 Committee has raised over $90,000 since October 2004. He stated that there is a little more than $62,000 in the fund now due to Mess Night expenses and assistance provided to a number of families. Without objection, Mayor Bromberg requested that Item 8 be taken out of order. J. PUBLIC HEARINGS 8. MEDICAL AND DENTAL OFFICE PARKING — CODE AMENDMENT NO. 2004 -001 (PA2004 -007) — CODE AMENDMENT TO INCREASE THE NUMBER OF PARKING SPACES REQUIRED FOR MEDICAL AND DENTAL OFFICE USES FROM I PER EACH 250 GROSS SQUARE FEET TO I PER EACH 200 GROSS SQUARE FEET. Volume 57 - Page 45 .fib/ (100 -2005) City of Newport Beach City Council Minutes January 25, 2005 City Manager Bludau requested that Council open the public hearing and then continue the item to February 8, 2005. He stated that the staff report deals with parking for medical offices and buildings, and reported that there is information that can be provided to Council that may help deliberations. Mayor Bromberg opened the public hearing. Motion by Council Member Ridgeway to continue the item to February 8, 2005. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky Bromberg Noes: None Abstain: None Absent: None I. CONSENT CALENDAR Webb, Ridgeway, Daigle, Nichols, Mayor READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 11, 2005. Waive reading of subject minutes, approve as written and order filed. 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. CONTRACTS AND AGREEMENTS 3. BEGONIA PARK PLAYGROUND IMPROVEMENTS - AWARD OF CONTRACT (C- 3641). 1) Approve the plans and specifications; 2) award the contract (C -3641) to Horizons CCI Services, Inc. for the total bid price of $74,147.45 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $7,400 to cover the cost of unforeseen work. 4. PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES (ECIS) FOR GREASE INTERCEPTOR INSPECTIONS AND GREASE BMP INSPECTIONS. Approve Professional Services Agreement with ECIS for the contract price of $39,000, up to a 3 -year term to perform grease control device and BMP inspections and authorize the Mayor and the City Clerk to execute the agreement. 5. DESIGN CRITERIA FOR HARBOR CONSTRUCTION REVISION - AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT WITH CASH AND ASSOCIATES. Approve Amendment No. 1 to the Professional Services Agreement with Cash and Associates and authorize the Mayor and the City Clerk to execute the agreement. Volume 57 - Page 46 INDEX C -3641 Begonia Park Playground Improvements (38/100 -2005) C- 3665(A) Grease Interceptor & Grease BMP Inspections (38/100 -2005) C -3671 Design Criteria for Harbor Construction (38/100 -2005) City of Newport Beach City Council Minutes January 25, 2005 MISCELLANEOUS ACTIONS 6. Removed at the request of Mayor Bromberg. PROPOSED COUNCIL POLICY B -17 - ACCEPTING DONATIONS TO RECREATION & SENIOR SERVICES PROGRAMS AND PROPOSED REVISIONS TO COUNCIL POLICY G -5 - PARK AND STREET IMPROVEMENT DONATIONS (contd. from 12/14/04). Continue discussion of policies. Regarding Item 7, Council Member Nichols asked if individuals can make tax deductible donations under this policy. City Manager Bludau indicated that he could come back with an answer when the item is brought back. Motion by Mayor Pro Tern Webb to approve the Consent Calendar, except for the item removed (6). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Without objection, Mayor Bromberg requested that Item 6 be taken at this time. O. ITEM REMOVED FROM THE CONSENT CALENDAR 6. CONFIRMATION OF MAYOR'S APPOINTMENTS TO THE CITY COUNCIL /CITIZENS AD HOC COMMITTEE FOR MARINA PARK PLANNING AND THE CITY COUNCIL AD HOC MARINA PARK ADVISORY COMMITTEE. Mayor Bromberg reported that, at the January 25 Council meeting, Council adopted resolutions to form two committees regarding Marina Park. He noted that the City Council/Citizens Ad Hoc Committee for Marina Park Planning will deal with the future of the site and the City Council Ad Hoc Marina Park Advisory Committee will talk with the State Lands Commission to see if boundaries can be set and to decide what to do with the mobilehome park. Regarding the City Council /Citizens Ad Hoc Committee for Marina Park Planning, Mayor Bromberg stated that he will be appointing himself, Mayor Pro Tem Webb, and Council Member Ridgeway as the Council representatives. He reported that he is appointing Harbor Commissioner Collins because he chaired the Harbor Commission's subcommittee regarding Marina Park issues; Harbor Commissioner Corrough because he can provide expert input regarding marinas since this may be a potential use; Planning Commission Chairman Tucker and Planning Commissioner Toerge who will bring a good balance to the committee; Parks, Beaches & Recreation Commissioner Allen who has been a member of the community Volume 57 - Page 47 INDEX (100 -2005) (100 -2005) City of Newport Beach City Council Minutes January 25, 2005 u14 for a long time, has chaired the G -1 committee, and chaired the PB &R Commission for a long time; General Plan Advisory Committee Member Lugar who is the co -chair of GPAC; Louise Fundenberg who is the President of Pier -to -Pier (Central Balboa Homeowners Association); Stewart McKenzie who was recommended by Ms. Fundenberg; Grace Dove who was recommended by Ms. Fundenberg; Craig Rager who is a member of Protect Our Parks; and Geoff Davis who represents Peninsula Point. He reported that, of the fourteen committee members, seven live on the Peninsula and seven live on the other side of the Bay. Mayor Bromberg requested that the community committee members contact the City Clerk and provide their email addresses and any other contact information. Council Member Heffernan asked if Council won't be making any decisions regarding the mobilehomes until the City Council /Citizens Ad Hoc Committee for Marina Park Planning makes a recommendation to Council. Council Member Ridgeway clarified that this decision will be made by the City Council Ad Hoc Marina Park Advisory Committee. Mayor Bromberg reported that Mayor Pro Tem Webb, Council Member Ridgeway, and Council Member Rosansky will be on that committee and will work at the same time the other committee is working. Mayor Bromberg suggested including these committees on the agenda under Oral Reports from City Council on Committee Activities so Council and the public are aware of what is going on. Motion by Council Member Ridgeway to confirm the appointments as outlined in the staff report. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS • Robert Hanley stated that he lives in West Santa Ana Heights. He noted that a previous Costa Mesa Council promised that they would abide by LAFCO's decisions, but they are not doing that now. He indicated that he went before the Costa Mesa City Council last week to acquaint the new council members about his group, inform them that his group doesn't appreciate the council not keeping their promise, and that they are an entity that has made a choice. He noted that 95% of them voted three times to go into Newport Beach. He explained that they are the buffer zone for John Wayne Airport, Newport Beach has been the only city to do anything about this issue, and they need help. Mr. Hanley reported that he would like this done in a timely manner because Edwin Hall, former Newport Beach Fire Captain, has been working on this for 20 years and is very ill. He requested that the City inform them when this is going to come before Council so they could inform the community. Volume 57 - Page 48 City of Newport Beach City Council Minutes January 25, 2005 n001WI L. UKAL KEYUK'1'S V KU1V1 Ul'1'Y UUUNUIL UN UUMMITTEE AUTIVITIES Ad Hoc General Plan Update Committee (GPUC) — No report. Local Coastal Program Certification Committee — Council Member Ridgeway reported that they will be a meeting on February 1 at 4:00 p.m. in the Fire Conference Room to review the draft implementation plan that supports the Land Use Plan being reviewed by the Coastal Commission. Newport Coast Advisory Committee — Council Member Heffernan reported that they had a special meeting last week regarding the engineer's construction estimate for the 24,000 square foot community center. He stated that, due to cost constraints, they decided to deduct the 6,000 square foot library and proceed with the 18,000 square foot gym/community center. He indicated that this will be brought back for public discussion at next month's NCAC meeting. He added that it is still unresolved whether there is adequate parking on the proposed site for the gym /community center. Mariners Joint Use Library Ad Hoc Steering Committee — Mayor Pro Tem Webb announced that Council has awarded the contract and they are waiting for the contractor to start work. City Centennial 2006 Committee — Mayor Pro Tem Webb stated that they are struggling to pin down a list of the known costs and put together a description of the unknown costs. He indicated that they know which events the City will sponsor, but reported that a big unknown is how much community contribution they will receive. He stated that they will probably present a budget to Council during the February 22 study session. He clarified that they anticipate that the centennial book will pay for itself and possibly be a fundraiser for some of the other activities. He assured everyone that they will not commit to any significant expenditure without Council's authorization. Council Member Rosansky announced that he and Mayor Pro Tem Webb, at the invitation of Marta Hayden of the Conference and Visitors Bureau, attended a meeting planner convention in San Diego. He indicated that they got an idea of what type of competition the City faces with regard to getting visitors to the City and having meetings planned in the City. He reported that they talked to two prominent meeting planners and received their input on what they find persuasive when arranging meetings. He believed this was helpful for when the Conference and Visitors Bureau comes before Council with their budget request. Aviation Committee — Mayor Bromberg reported that he hopes to have a meeting sometime in February. He stated that most of the members are pilots and that Allen Murphy from John Wayne Airport also attends the meetings. Finance Committee — Council Member Heffernan announced that they will be meeting on January 27 at 3:00 p.m. in the Council Conference Room to discuss how to safeguard City checks and deposits from fraud, the audit results, the budget process for the 2005 -2006 budget, and the policy on how supplemental budget items are treated. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT Volume 57 - Page 49 City of Newport Beach Citv Council Minutes January 25, 2005 9. PLANNING COMMISSION AGENDA FOR JANUARY 20, 2005. Planning Director Temple reported that the Planning Commission considered the final wording for the two resolutions that recommend approval of the St. Andrews Presbyterian Church project to Council. She explained that, at a previous meeting, there was extensive discussion about the operating conditions of approval, but the wording for the conditions were not finalized at that time. She stated that staff wanted to bring back the resolutions to ensure they translated the Commission's intent properly. She reported that there were items that staff needed to look at further, so this item was continued to February 17. Ms. Temple reported that the Commission also heard an appeal of a Modification Committee action that occurred in December, which was before the ordinance which changed the findings was in effect. She stated that the original request was to provide a stairwell into a basement of a new home which would encroach 4' into the 6' setback. She reported that the Modification Committee approved a 2' encroachment to maintain adequate access for fire and medical aid from the front yard to the backyard. She stated that a number of Commissioners were concerned that the setback encroachments were being requested for an entirely new house on a substantial sized lot and felt that the setback encroachments were not necessary and would only allow a larger house to be built. She reported that the Commission wanted the applicant to study the encroachment issues further, so they continued the item to February 17. Ms. Temple noted that the Planning Commission cancelled its February 3 meeting to attend the Mayor's Dinner. In response to Council Member Heffernan's questions regarding St. Andrews Presbyterian Church, Ms. Temple reported that one of the conditions of approval is to get a parking agreement for Newport Harbor High School from the School District. She stated that they are not considering the off -site parking agreement at this time. She indicated that, if the School District doesn't agree to the parking arrangement, the church will need to decide whether to pursue an amendment to the project if it was approved by Council. She added that it is up to Council regarding how to handle the Commission's recommendation and concurred that Council has the discretion to eliminate the condition. Ms. Temple reported that there was a report either in December or January which indicated that the Commission believed that Council should not take up this item until there was an agreement with the School District. Further, the Commission also asked to review the agreement before the project returned to Council. She confirmed that Council could still decide to take up this issue and that Council won't see this issue until the School District has played itself out. N. CURRENT BUSINESS 10. ADOPT RESOLUTIONS FOR MEASURE M FUNDING FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AND FOR SENATE BILL (SB) 1346 FUNDING FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB). Volume 57 - Page 50 INDEX (100 -2005) (100 -2005) City of Newport Beach City Council Minutes January 25, 2005 INDEX Motion by Council Member Ridgeway to adopt Resolution No. 2005 -7 approving the submittal of various improvement projects to the OCTA for funding under the combined transportation funding program; and Resolution No. 2005 -8 approving the application to the CI«'MB for SB1346 rubberized asphalt concrete grant. Public Works Director Badum reported that the Measure M program was adopted in 1990 and is a half cent sales tax for transportation projects. He stated that, every two years, the OCTA issues a call- fox - projects and that the City is applying under the Arterial Highway Financing Rehabilitation Program and the Signal Improvement Program this year. He indicated that the City has four projects for fiscal year 2005 -2006 and three projects for fiscal year 2006 -2007. He reviewed the projects listed in the staff report and stated that the City is eligible to receive 50% of the funding. Mayor Pro Tom Webb asked how the Hospital Road rehabilitation project will tie into the right -turn lane project. Mr. Badum reported that they are hoping to bring Council the environmental document for the right -turn lane project at the next Council meeting and believed that this project will go forward before the pavement project does. In response to Council Member Nichols' questions. Mr. Badum stated that Measure M expires in 2010; however, he believed that the funds are being spent faster than that. He indicated that there may be one more funding round depending on how many projects are funded this time. He stated that OCTA has been discussing the possibility of extending Measure M. Council Member Nichols stated that a bottleneck occurs on Newport Boulevard where it ends in town. Mr. Badum reported that this takes place in Costa Mesa from 19th Street to Industrial Way. He stated that the Master Plan still shows a freeway extension, but everyone knows that this will probably never happen. He indicated that he has heard a lot of alternatives and they are keeping close tabs on Costa Mesa to make sure the City is informed. Council Member Ridgeway reported that he attended an OCTA meeting and, regarding 19th Street traffic, there are no plans in OCTA's future. He indicated that he told everyone at the meeting that one thing that needed to be in the seeping with the cities is the 19th Street Bridge. He noted that it was unanimous among the meeting attendees to keep that project on the table and that OCTA is aware of the 19th Street Bridge and the mitigation it would create at the end of the 55 Freeway. Council Member Nichols stated that, as a Growth Management Area S Representative, he reflects the same things as Council Member Ridgeway. He stated that it is probably necessary for the general public to attend those meetings. Council Member Nichols stated that, if Measure M is going to get an approval, OCTA needs projects that solve real problems. He believed that the traffic at the end of the 55 Freeway and the west side at Costa Mesa are these types of projects. Mayor Pro Tem Webb reported that he attended the OCTA meeting and no one mentioned extending the 57 Freeway to the coast. He stated that this is one of the options, in addition to expanding arterial highways. Volume 57 - Page 51 City of Newport Beach City Council Minutes January 25, 2005 Council Member Ridgeway stated that the past mayor of Huntington Beach expressed the city's strong opposition to this. He expressed the opinion that Huntington Beach is parochial on regional issues. Jim Hildreth believed that Council's rhetoric is also "me, me, me ". He stated that he is off base about what is being presented to Council. He asked how many times Jamboree Road has to be redone and stated that the facade for the bricks has been raised because of the trees. He believed that it is understandable that the City wants to spend the money it gets from Measure M, but indicated that the City should do it once. He agreed that Jamboree Road is the main artery, but noted that it used to be the Back Bay. He believed that, since this change, the City decided to waste money. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None P. MOTION FOR RECONSIDERATION — None. Q. ADJOURNMENT — at 8:37 p.m. in memory of former Utilities Department employee Henry Tegel. The agenda for the Regular Meeting was posted on January 19, 2005, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. f t� -' Recording Secretary City Clerk Volume 57 - Page 52 INDEX