The URL can be used to link to this page

Home My WebLink About09/26/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 26, 2006 — 7:00 p.m. STUDY SESSION - 4:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Sehch, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Daigle E. INVOCATION - Council Member Curry F. P_ RESENTATIONS Junior League of Orange County Event Announcement - Trudy Boring invited the City to the 31st Annual Christmas Company event from October 14 -18 at the Newport Dunes to raise money for at -risk Orange County women and children. She stated that more information can be found at www.jlocc.org. Pier to Pier Event Circulation and Parking Arrangements - Recreation Manager Levin discussed the events that will be taking place at the Pier to Pier event on October 8 and utilized a PowerPoint presentation to discuss the parking plan. He noted that maps will be sent to every address on the Peninsula and that they are also posted on www.newportbeachl00.com. He confirmed that boats must stay 800 feet from the piers and that there will be a simultaneous fireworks show from both piers that evening. Marine 1/1 Mess Night - City Manager Bludau announced that the Third Annual Mess Night to honor the First Battalion/First Marines will be held on October 26 at the Balboa Bay Club. He stated that tickets are $225, the price includes dinner for one Marine, and people can call his office at 949- 644 -3000 for more information. Orange County Human Relations Committee Report - Pat Krone, Human Relations Commissioner, noted that they are a County -wide organization, discussed their activities the last fiscal year, and emphasized their plan for human relations infrastructure through relationships and programs. 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): Volume 57 - Page 796 City of Newport Beach City Council Minutes September 26, 2006 Council Member Daigle requested that staff provide a progress report at the next Study Session regarding the Back Bay Science Center construction project. Council Member Curry requested that the City Manager calendar the issues relative to the Ocean Boulevard curfew complaints. Council Member Curry requested that appointments to the 1/1 Memorial Committee be made before Mess Night occurs. Mayor Webb announced that the 266th baby that was born after the City turned 100 years old is his granddaughter, Molly Elizabeth Webb. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF SEPTEMBER 12, 2006. [100 -20061 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. Motion _by_ Mayor Pro Tem Rosansky to approve the Consent Calendar, except for those items removed (3, 4, 5, 6 & 7). The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. ITEMS'REMOVED FROM THE CONSENT CALENDAR 3. MARINE CHARTER LAND USE AND PARKING REGULATIONS (PA 2006 - 194).. [100 -20061 Council Member Selich asked that, when the ordinance comes before Council, the appeal process go through the Planning Commission and that the Planning Department review off -site parking issues so they do not overlap with restaurant off -site parking agreements. Council Member Ridgeway requested that the right to appeal also be expanded to allow a third party to appeal. Dolores Otting pointed out that Council is proposing to amend this so it goes through the Planning Department and Planning Commission when the Harbor Resources Manager issues the permit. City Attorney Clauson clarified that the resolution does not need to be amended since it is only initiating the process. She noted that the ordinance will have two readings and details will be included with that staff report. Motion by Mayor Pro Tem Rosansky to adopt Resolution No. 2006 -87 initiating amendments to Title 17 and Title 20 of the Newport Beach Municipal Code to revise land use regulations and parking requirements for marine charters. In response to Council Member Nichols' questions, Council Member Selich indicated that staff is trying to get away from using the use permit process and issue something that is renewable annually because it gives the City more control. Mayor Webb added that the Volume 57 - Page 797 City of Newport Beach City Council Minutes September 26, 2006 purpose of the permit is to establish the various conditions, including size of boat relative to site, and the marine business would still need a permit and meet conditions of the permit. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 4, GROUP RESIDENTIAL FACILITIES AND LARGE FAMILY DAY CARE HOMES (PA 2006 -198). [100 -20061 City Attorney Clausen explained that complaints have risen relative to illegal units and single - family property owners renting out sections of their house or individual rooms like a boarding house. She noted that she learned at a conference that cities may be able to limit the number of written or oral rental agreements to one. She added that this would assist Code Enforcement in preventing illegal units or using single - family homes as a boarding house. Regarding large family day care homes, Planning Director Temple noted that there is preemption for local regulations on small day care homes (8 attendees or less); however, the City can adopt location restrictions and design characteristics for large day care centers that have up to 14 children. She explained that the City has received complaints about an existing day care that may be adding a second home and facility on the lot, but confirmed that they are currently allowed to occupy a second home on the same lot and have another 14 children on the property. Motion by ... Council Member Ridgeway to adopt Resolution No. 2006 -88 initiating amendments to Title 20 of the Newport Beach Municipal Code to revise land use classifications and regulations relating to Group Residential facilities and large family day care homes. Council Member Nichols discussed Anaheim's regulations and expressed the opinion that having location restrictions is appropriate because residents could be surrounded by day care homes. He suggested also having this for group homes. Ann Watt indicated that group residential facilities are a problem in her area and that they cause traffic. She expressed concern about the property owners renting without requiring a contract. She received clarification from Mayor Webb that the ordinances that come back will be separate for each type of facility and that only the resolution contains both the facilities. She suggested that both ordinances preclude owner[builders from having group residential facilities or day care homes. Caroline Dobbins stated that many disturbances occur as a result of group residential facilities. Mark Abrams believed that these types of facilities are getting around State regulations by doing the treatments at a different location and housing them in the City. Joe Garrett stated that he lives near a group residential facility and a large day care home. He indicated that the day care facility creates traffic, people park in front of the fire hydrant, park in the wrong direction, and create noise. He recommended that time limits and aesthetic conditions be included in the ordinance. Volume 57 - Page 798 City of Newport Beach City Council Minutes September 26, 2006 The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 5. SEMENIUK SLOUGH STUDY - AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS (C- 3636). 1381100 -20061 Council Member Nichols noted that Big Corona needs sand and that the sand from the river would be good on the beach. Mayor Webb suggested that he request this as a capital improvement project for next year. Motion by Council Member Curry to approve Amendment No. 3 to Professional Services Agreement with Noble Consultants, Inc., (Noble) of Irvine, California, to define a specific Federal/State /City dredging project for Semeniuk Slough and prepare a preliminary design of a sediment control structure at a contract price of $105,000 and authorize the Mayor. and City Clerk to execute the Amendment. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 6. SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE PARKING AGREEMENT NO. 2005 -005 (C- 3836), MODIFICATION PERMIT NO. 2005 -133 - 2811 VILLA WAY (PA 2005 -136) (contd. from 4/11/06, 5/23/06, 6/27/06 and 8/22106). [381100 -20061 Council Member Ridgeway recused himself on this item and left the dais. Mayor Webb reported that this is being removed from the calendar because they've moved their operation to another city. Council Member Nichols took issue with the number of classes that take place at these facilities and that the patients are being bused from the City to the treatment centers. He discussed what an integrated facility is, asked if each of their units require a separate license, and believed that Sober Living By The Sea is no longer an integrated facility and needs a use permit. City Attorney Clauson clarified that the applicant has met the conditions of a permitted use in that area, so they do not need a use permit. She emphasized that the City is not giving them any special consideration. Motion by Mavor Pro Tem Rosanskv to remove the item from the calendar Dolores Otting received an explanation about what removing this item from the calendar means. She also received confirmation from Mayor Webb that clustering does not apply since they are not living in the City. City Attorney Clauson indicated that she could provide Ms. Otting with an article from Western Cities that explains the regulatory atmosphere for group homes and emphasized that the City will continue to try to get State and Federal legislation adopted. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle Noes: Council Member Nichols Volume 57 - Page 799 City of Newport Beach City Council Minutes September 26, 2006 IA 7. REQUEST FOR PROPOSALS (RFP) - WIRELESS FIDELITY C Wi -Fi') NETWORK ACROSS NEWPORT BEACH (C- 3887). [381100 -20061 Council Member Curry noted that, during the Study Session, it was determined that the RFP needs more input from the industry and the Police Department. He expressed support for the Wi -Fi project since it will give the City the opportunity to improve the efficiency of City government and will provide a tremendous resource for residents and visitors. Motion by Council Member Curry to continue the item to the October 10, 2006 Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols PUBLIC HEARINGS 8. REVIEW OF THE FY 2005 -2006 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 1100 -20061 Motion by Mayor Pro Tem Rosansky to approve the Draft Consolidated Annual. Performance and Evaluation Report. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. In response to Council Member Nichols' questions, City Manager Bludau confirmed that agreements will be made with the social service groups and charities relative to what types of services will be provided. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 9. PROPOSED AMENDMENT TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE -YEAR ACTION PLAN FOR FY2007. [100 -20061 Mayor Webb reported that Fish Harbor Area, Inc. was unable to use their funds this year and this report redistributes the funds. Motion by Council Member Ridgeway to approve the amendment to the City's One Year Action Plan for fiscal year 2006 -2007, which reallocates funds to other public service programs. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Volume 57 - Page 800 L. City of Newport Beach City Council Minutes September 26, 2006 Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 10. APPEAL OF MODIFICATION PERMIT NO. 2005 -135 (PA2005 -292) REQUESTING THE RETENTION OF OVER HEIGHT WALLS, PILASTERS AND GATE WITHIN THE REQUIRED FRONT YARD SETBACK OF A PROPERTY LOCATED AT 15 VISTA TRAMONTO. [100 -20061 Senior Planner Murillo reviewed the staff report and reported that the structure was constructed without proper building permits and noted that the Planning Commission upheld the Zoning Administrator's decision. He stated that staff recommends that the City Council uphold the Planning Commission's decision. He confirmed that the homeowners association denied the applicant's request but the structure was built anyway. Mayor Webb opened the public hearing. Michael Migan, applicant's legal representative, displayed photos and a video of the structure, and believed that the wall does not pose a safety issue. He stated that the applicant and architect thought the structure could be built since the developer had built six similar structures. He confirmed that they did not get a permit from the County. He noted that they submitted a petition with 12 signatures that support the construction. Mayor Webb clarified that property line is usually the back of the sidewalk rather than curb. Further, that any structure over three feet needs a permit and that their architect should know building permit procedures. He believed that the wall poses a site distance problem and a safety hazard. In response to Council Member Daigle's question, City Attorney Clauson indicated that hedges can be considered fences if they are more than 80% opaque. Hearing no further testimony, Mayor Webb closed the public hearing. Motion by Mayor Webb to deny the appeal and uphold and affirm the decision of both the Planning Commission and the Zoning Administrator to deny Modification Permit No. 2005 -135. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Dolores Otting discussed the Newport Harbor Chamber of Commerce survey, but expressed concern that they've hired individuals who live outside the City to canvass neighborhoods. Regarding airport issues„ she asked how much the City's consultant, Richard Cox, is being paid and when the City hired him. She received clarification from Mayor Webb that the Aviation Committee has been working on a number of items related to the airport and, as part of the Newport Beach City Council Airport Policy, the City Manager monitors various airport issues. He added that Mr. Cox is being considered for consulting work for noise, curfew, and take -off and landing pattern issues. Volume 57 - Page 801 City of Newport Beach City Council Minutes September 26, 2006 Mayor Webb reported that he received an email and fax today from Sheriff Carona regarding the% accident involving the Harbor Patrol during an emergency response. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Local Coastal Program Certification Committee - Council Member Ridgeway reported that the third draft of the Implementation Plan has been reviewed and they will be having a meeting soon. Newport Coast Advisory Committee - No report City Centennial 2006 Committee - No report City Council/Citizens Ad Hoc Committee for Marina Park Planning - Council Member Ridgeway reported that the American Legion approved the concept plan and the Committee met to start the process of generating an amended lease and a specific site plan. City Council Ad Hoc Marina Park Advisory Committee - No report Other Committee Activities - No report N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 11. PLANNING COMMISSION AGENDA FOR SEPTEMBER 21, 2006. [100 -2006) Planning Director Temple reported on the following Planning Commission items: The Koll Company (PA2006 -095) - 4450 MacArthur Boulevard; Newport Beach Brewing Company (Use Permit No. 3485) - 2920 Newport Boulevard; and the Planned Community Development Amendment No. 2006 -004 (PA2006 -173). Planning Director Temple noted that the Our Lady Queen of Angels Expansion has been appealed and that it will be coming before the City Council on November 14. 12. RESOLUTION NO. 2006 -89 RESCINDING RESOLUTION NO. 2006 -85 AND AUTHORIZING THE CITY TO PURCHASE 15.05 ACRES OF LAND WITH A SCENIC EASEMENT AT SUPERIOR AVENUE AND WEST COAST HIGHWAY (CALTRANS PARCEL DD #40766- 01-01- "SUNSET RIDGE PARK') FOR $5,000,000 (C- 3743). [381100 -2006] Assistant City Manager Kiff utilized a PowerPoint presentation to discuss the purchase of Sunset Ridge Park. He reported that keeping the scenic easement allows Caltrans to retain some of its value so they could sell it to the City for $5 million. He clarified that no permanent structures or pavement can be built in the scenic easement, but permanent structures can be built on the other part of the site. He reported that the resolution should be amended to indicate that scenic easement is 197,920 square feet, not 197,720 square feet. In.response to Council questions, Assistant City Manager Kiff confirmed that the scenic easement restrictions cannot be changed, but there are no restrictions outside of the scenic easement. He clarified that a sidewalk can be built around the tot lot if it is decomposed granite, not cement, and that grading can occur in the non - scenic easement area. Volume 57 - Page 802 City of Newport Beach City Council Minutes September 26, 2006 Dolores Otting commended the project, but believed that the $5 million should be paid up front due to the interest that will accrue over the next two years. Mayor Pro Tern Rosansky clarified that, by investing the money that is not being spent on the purchase of Sunset Ridge Park, the City will be making more money than the interest amount. City Manager Bludau noted that, if the investment projection changes, the City can pay off the entire amount without being penalized for early payment. Motion by Council Member Ridgeway to 1) rescind Resolution No. 2006 -85; 2) adopt Resolution No. 2006 -89, as amended, authorizing the purchase of Sunset Ridge Park with a scenic easement and which authorizes the City Manager to execute all relevant documents and which states the City's agreement with the terms of a Purchase and Sale Agreement and draft Deed; and 3) authorize the Mayor to execute a Purchase and Sale Agreement for Caltrans Director's Deed #40766 -01 -01 ("Sunset Ridge Park ") for $5,000,000 paid over three fiscal years at 4.75% interest on any unpaid principal provided that the Agreement is substantially similar to the Purchase and Sale Agreement attached to the staff report. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT - 8:43 p.m. The agenda for the Regular Meeting was posted on September 20, 2006, at 3:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk I. I— NO Volume 57 - Page 803