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HomeMy WebLinkAbout01 - Minutes - 12-09-2003Agenda Item 111 January 13, 2004 0 CITY OF NEWPORT BEACH • City Council Minutes Study Session December 9, 2003 - 4:30 p.m. ROLL CALL Present: Heffernan, Rosansky, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Heffernan reported that he plans to pull the following items on the agenda - 8, 18, 22, & 24. On #8 he requested information on what has been spent to date on the cable ordinance extension as far as consultant and attorney fees. On the Castaways Park contract he requested background on why another $50,000 is proposed to be spent. He said he has the same issue with Corona del Mar State beach and questioned why more is being spent on design if the money hasn't been found to complete it. He also requested a complete accounting on Newport Coast maintenance agreements and how the City will pay the money that was agreed upon. 2. DINGHY STORAGE FOR OFFSHORE MOORING PERMITTEES — PHASE I. Mayor Pro Tem Ridgeway recused himself since the dinghy storage at 15th Street is within 500 feet of his house, however stated that he plans to sit in the audience and testify as a citizen. Chris Miller, Harbor Resources Supervisor, used a PowerPoint presentation and reported that this issue is regarding dinghy storage for offshore mooring permittees. He explained that this issue has been raised because the permittees don't have proper accommodations for their dinghies which they rely on for transportation to and from their vessels in the harbor. He described the process currently used. The permittees have been exploring alternatives and over the past four years have developed a comprehensive plan that proposes dinghy storage and longer public pier time limits. He explained that this is a pilot project and includes new dinghy racks at various public beaches and increased time limits at various public piers. It will promote increased usage of the harbor by providing better access to the mooring community and was unanimously approved by the Harbor Commission on September 10, 2003. Staff is seeking approval from the City Council at a future date to authorize initial funding. The project will be re- evaluated 12 months after implementation and if successful, more phases may follow. The program will require a Coastal Development Permit from the Coastal Commission and the racks will be available to offshore mooring permittees only and possibly open to Balboa Yacht Basin tenants in the future. There will be one rack per mooring permittee, the cost will be $14 per Volume 56 - Page 536 INDEX Offshore Moorings/ Dinghy Storage (51) City of Newport Beach Study Session Minutes December 9, 2005 INDEX month, the dinghies will be limited to 11 feet, no restriction on hours of operation, no motors, oil or other accessories, proper signage will be displayed and may be constructed by General Services or more than likely an outside contractor. The permittees will use their rack at their own risk and common enforcement will be through the Harbor Patrol, city staff and the Newport Mooring Association. He noted that a few of the municipal codes will need to be changed if the plan is enacted (maintenance of public piers and regulations and boat launching & hauling of vessels). Mr. Miller reviewed the rack demand based on a survey that was conducted in November 2003 for the following locations: Fernando, 15th Street, 16th Street, 18th Street and the Balboa Yacht Basin. In response to Council Member Rosansky's question, Mr. Miller indicated that when the survey was mailed out some general details (cost, etc.) were included. He noted that there will be a total of 14 racks and 60 spaces. The monthly fee is $14, so the total revenue for year one is $10,080. Based on General Services constructing the racks, the total materials cost is approximately $725 per rack ($10,150), other costs (signage, etc.) is estimated at $1,000, so the total direct cost is approximately $11,150 versus total revenue of $10,080. After one year the City would only have a loss of $1,070. If the work were to be done by an outside contractor their total cost would be approximately $22,000 which would translate into losses for years one and two. The labor cost was not included in the price with General Services doing the work, however they figured it would take approximately 320 man hours (approximately $10,000). In response to Council Member Adams concern about the cost, Mr. Miller explained the cost/revenue estimates and noted that the racks will last 8- 10 years. City Manager Bludau explained that General Services would probably • provide some general oversight however the City would more than likely contract for this work to be done; therefore it would be paid for in 2 -1/2 years. He noted that the ongoing maintenance should not be very much. Mr. Miller explained the process used to solicit community feedback and explained the results obtained from the community outreach program. He noted that 16 agreed and 20 disagreed and explained how staff came up with those figures. As far as the design, Mr. Miller indicated that the design will be similar to that at the existing racks at 18th Street. The racks will be low profile and sensitive to the view corridor and will either be two spaces wide and two spaces high or two spaces wide and 3 spaces high. Part of the plan includes increased time limits for the public piers. The proposal is to have 72 hours on the landward side with limits on the bayward and pump out side kept at 20 minutes, with the opposite side kept at 2 hours. The other public piers without pump outs would be the same except both sides would be limited to two hours. As far as rack and pier locations the Fernando Street location will have two racks (8 total spaces) and increased pier time limits; at the 15th Street location there will be two racks (12 total spaces) and increased pier time limits; at the 16th Street location there will be three racks (12 total spaces); and at the 18th Street location there will be three racks (12 total spaces). Mr. Miller showed slides depicting the 18th Street view corridor from various vantage points and noted that staff feels the view will only be minimally impacted. At the 19th Street location there will be increased pier time limits only. In response to Council Member Webb regarding parking at 16th Street, Mr. Miller indicated that parking would be available on City streets. At the Balboa Yacht Basin there is a storage yard in the corner and the proposal is for four racks (16 spaces total) and they will wheel their boats on a dolly down the ramp and load and unload at the pump -out dock. There will be • no time limits at the pump -out dock in order to keep the dock free for water Volume 56 - Page 537 • City of Newport Beach Study Session Minutes December 9, 2003 VINq quality reasons. Mr. Miller reported that the dollies will be constructed as well and the costs are very minimal. He reiterated that the pilot program is only available to offshore mooring permittees and in the future could be available to the Balboa Yacht Basin tenants. As far as future action, he indicated that if the Council likes this proposal at the study session level, staff will bring it back to a regular City Council meeting for formal approval with an $11,150 budget amendment to fund construction and installation, which may change based upon whether General Services or an outside contractor is used. Proposed changes to the municipal codes will also be brought back at that time. As far as alternatives, he noted that the Council could refuse to adopt the Phase I proposal, offer amendments to the Phase I proposal and adopt it with those amendments, or offer amendments to the Phase I proposal and return it to the Harbor Commission for additional review. Council Member Rosansky noted that this is called Phase I and questioned whether there has been any development of future phases. Mr. Miller indicated that there isn't anything concrete and reiterated that this is a Phase I pilot project. If it works, some other areas in the harbor may be looked at or the program may be implemented for other public piers. He said that the Harbor Commission is prepared to halt the idea depending on feedback and whether or not it works. He reported that the racks seen in the pictures are used by the Recreation Department for the summer sailing program (sabots). Council Member Rosansky noted that the $14 per month fee seems inexpensive. Mr. Miller reported that staff arrived at that figure by surveying some of the yacht • clubs in the harbor and found $14 to be an average monthly rate for similar type racks. Council Member Rosansky noted, however that there are other fees involved in being a member of a yacht club so this is probably more like a service that is provided to their members. Council Member Webb noted that in the usage figures there are no time limits placed on the use of the dinghies and questioned whether problems could arise with late arrivals and nearby residences and the appropriateness of allowing their use all night long. Mr. Miller said they determined that they can't restrict people from using their boats late at night; therefore they can't be restricted from using the dinghy racks. One of the keys players is the Newport Mooring Association and they have pledged to self - police their members as well as the other mooring community members and if there are problems of this nature, then both City staff and the Newport Mooring Association will help police them. Council Member Webb voiced concerns, in particular with Fernando Street, 15h Street, 16th Street, and 18th Street, and their immediate adjacency to residences and said this needs to be taken into consideration. Mr. Miller noted that there are signs at 18th Street that indicate that boat launching is allowed from that location, however was uncertain about the other locations. Council Member Adams questioned whether the size of the racks will be the same as the racks for the sabots. Mr. Miller reported that they will generally be the same size as the sabot racks, however a little wider to accommodate the Avon's. They used an average beam width for the dinghies and believe they can accommodate most people with the depth and width. Mr. Miller noted that motors, oil or gas cans will not be allowed on the beach — just the boat and oars. If a motor is used it will have to be carried to the boat since the City does not want to risk having environmental concerns on the beach. He noted that oars Volume 56 - Page 538 City of Newport Beach Study Session Minutes December 9, 2003 INDEX must be neatly kept inside the boat and it will be the owners' responsibility to - keep them secured so they're not stolen. He noted that there will be eye bolts on the racks for security purposes. In response to Council Member Adams question about the appearance of the boats, Mr. Miller reported that the Harbor Commission addressed that issue but felt there wasn't too much that could be done about that since the City can't govern what types or shape the boats are in. Wade White, Newport Mooring Association, noted that he's worked on this project for a long time. He said there are about 600 offshore moorings in the harbor and they judged that a significant number are already equipped with facilities and means to get back and forth from the shore, such as the yacht clubs that provide shoreboat service and dinghy storage in their facilities. There are a number of people who may have an offshore mooring and have their own dock next to their house. Many people have shore moorings as well as an offshore mooring, specifically to provide a means to get back and forth. This proposal addresses another group – approximately three - quarters of the 600 offshore moorings don't have such facilities available and today at all times of the day, whenever they want to get to their offshore mooring they have to go through the process of loading and unloading their dinghies from their vehicles. He noted that this process takes place now at all hours of the day and night. He said the aim of their proposal is to significantly improve the ability, convenience and the practical use for the people who have these offshore moorings. He said that he firmly believes that the idea that there will be a permit with rules and regulations signed by every permittee will give the City the opportunity to dramatically change the situation from today in a positive direction. If the permittees don't abide by the regulations they will have their permit taken away from them. He said they are aware that there are unsightly dinghies, too many dinghies on a given public pier and at any point in time they are overcrowded. Including dinghy racks on shore immediately reduces the demand for folks to park their dinghy at a public dock with or without permission. He said they believe a lot of dinghies will come off those docks and go onto racks which will reduce the dockside use that the City has today. The regulations give the expectation of responsibility to the users and the authority to the Harbor Department to insist on good behavior. Parking is basically not going to be any different than it is today and will not be changed in any material way. In response to Council Member Adams, Mr. White reported that the annual fee for a mooring is $20 per foot per year based on the length of the mooring, not the length of the boat residing on the mooring. Tod Ridgeway, speaking as a citizen, noted that he has worked on this issue indirectly or directly for almost five years – directly with the previous Harbor Committee and indirectly in providing access to everyone in the jurisdiction to the Local Coastal Plan and as the Chairman of the Water Quality Committee. He applauded both the Harbor Commission and the Harbor Resources Department for coming up with a plan, however noted that as pointed out by Council Member Webb, there is an inherent inconsistency between residential living on the Balboa Peninsula and these moorings. He said the concern is that the moorings are needed; however they also need parking and then other facilities – restrooms, showers, etc. He noted that restrooms, showers and parking would be perfect in a commercial area, but the City isn't recommending this for a commercial location. He noted that everything is on the peninsula (his District) and he doesn't like that and questioned why the racks aren't proposed Volume 56 - Page 539 • • City of Newport Beach Study Session Minutes December 9, 2003 INDEX for Balboa Island or Bay Shores and noted that there are onshore mooringb ui those areas. He noted that he spoke to Tom Hyans who commented that this is instant housing for the poor and he agreed with that comment. At the 18th Street moorings there have been problems with urination, etc. and noted that there are 3 -4 homeless people who live on the peninsula who go there. He noted that Mr. Hyans' home was broken into by a homeless person two hours before he suffered a stroke. He noted that this is a very real issue and voiced concern about the maintenance of the racks and the number of them. He pointed out that in the presentation staff only showed a view of the racks on 18th Street and he said that is because there is a fence and bushes to block it and noted that there isn't that type of mitigation of the viewscape in any of the other locations. He voiced concern about the fact that the other racks have to be out of the tidal basin and will be exposed. He said they are needed and he likes the concept, however noted that maybe more shore moorings should be added. As a suggestion, he said he likes 72 hours on the back of the docks and asked why we don't add to the docks and allow these people the use of the back side of the docks. He said his other concern is the liveaboard issue and noted that the demand for these racks should be limited to the liveaboards and a few people who come down every weekend. He noted that liveaboards are required to have a permit and questioned why he can't get the number of liveaboards in the harbor. He said the boats will be stored 9 months of every year. In addition to permits, every boat should have a CF number on it because there will be difficult times enforcing the violations. He questioned why the proposal doesn't include moorings at the 10th Street beach and said it is probably because there are homes across the street and the opposition would be very significant. One last consideration that needs to be dealt with is at 16th Street and 18th Street and the proposed hotel project for that location and questioned why the City would do something that is totally contrary to that project. He voiced concern about that and said that the timing is entirely inappropriate. He noted that he isn't suggesting that nothing be done, but reiterated the need for added shore moorings. He said he likes the 72 hour limit on the docks. City Manager Bludau reported that the City currently has 31 active liveaboard permits that have been issued out of a total of 51 available. In response to Mayor Bromberg, he explained that it is difficult to enforce and tell how many people are actually living on the vessels. In response to Council Member Adams, Mr. Miller reported that the current time limit is 20 minutes on all sides of the public piers. Mr. Adams questioned the need for increasing the time with the addition of dinghy racks. Mr. Miller noted that the public piers are overcrowded right now and people are using the 20 minute time limit. With this proposal they are hoping to open up those areaE and take some of those boats and put them on the racks, therefore allowing more people to use the dinghy racks, therefore making them more accessible to accesE their vessels. Council Member Adams said he feels that this is contrary to thf goal and questioned whether this would encourage people to use the dock rather than discourage them. Mr. Miller noted that the time limits were increased so people could better enjoy the shore amenities without bein restricted to 20 minutes. Mr. Miller noted that the Harbor Department ha signed off on the proposal and have pledged to enforce the time limit rules o: . the public docks. Volume 56 - Page 540 City of Newport Beach Study Session Minutes December 9, 2003 In response to Council Member Rosansky's question about why the dinghy needs to be there for 72 hours, Mr. Miller reported that they toyed around with several different scenarios anywhere from 6 -7 hours to one week and thought the 72 hour limit would be a compromise. If people were to go out of town for the weekend they could have their dinghy there without the fear of it being towed away. Mayor Bromberg suggested that when this returns to Council that there be some options. He noted that some form of identification will be critical (CF or other type of City ID #) to assist with enforcement issues. Council Member Adams suggested that staff provide a realistic cost for construction and maintenance of the racks. City Manager Bludau suggested that Council provide staff direction if there are any locations that they are adamantly opposed to. Council Member Adams suggested that photographs of every location be included when this returns. Council Member Webb voiced concern with the proximity and times of operation. He suggested that the City charge a one -time permit fee initially that will take care of at least half of the construction costs so the racks are paid for in one year rather than two years if the work is contracted out. He suggested a $200 initial permit fee and a monthly $14 fee. If all 60 were sold that would be approximately $10,000. In response to Council Member Adams' question about whether this needs to go back to the Harbor Commission, Mayor Bromberg indicated that he doesn't see a need and it is now time for the Council to set the policy on this. Council Member Adams requested that this be brought back as separate agenda items so Mayor Pro Tem Ridgeway can discuss and vote on the issues. City Manager Bludau indicated that it can be brought back as two separate items. Council Member Heffernan requested that the liveaboard issue be brought before the Harbor Commission. He noted the Avalon regulations regarding discharge in the harbor and questioned how many liveaboards there are in the harbor, how many inoperable boats there are and whether the dinghy racks will promote more liveaboards. He questioned whether a survey has ever been done to determine the number of liveaboards and noted that the permits don't count how many people are actually living aboard. He suggested that the Harbor Commission look at this issue and advise whether this is a water quality issue or not and make a recommendation to the Council. Council Member Adams said he would like to have the Harbor Commission review the fees the City charges for moorings and noted that he believes it is low. 3. FIRE PREVENTION IN BUCK GULLY (ORAL PRESENTATION). Chief Riley, assisted by Fire Marshal Dennis Lockard, provided his report using a PowerPoint presentation. He noted that generally when someone talks about fire prevention efforts dealing with areas adjacent to wildland it is called the Urban Wildland Interface. It is defined as areas where wildland vegetation is adjacent to structures and has the volume and combustibility to threaten those structures should a fire occur. In summary, he noted that his presentation will provide the history of this issue, fuel modification zones, the hazard reduction standard, problems not addressed in the existing standard, a proposed standard Volume 56 - Page 541 I .�:.9 [No report] 0 0 • 0 City of Newport Beach Study Session Minutes December 9, 2003 and other options that should be reviewed in the future. ne nocea LnaL 11« original concept of brush clearance was a forestry issue that started as far back as 1939 and addressed clearing brush away from homes. It was designed as a clearance method, which stated that anything combustible must be kept at least 30 feet away from your home. He provided examples of combustible materials. Since 1939 there have been a lot of advancements and understanding about what should be done. In Newport Beach the issue of brush clearance and fuel modification started to be addressed, particularly in Buck Gully, in November of 1990. At that time a citizens committee provided a report to the Council and the Fire Chief presented a resolution declaring Buck Gully a danger to the community and wanted it declared a public nuisance by the Council so it could be ordered to be cleaned. There was a lot of opposition and a tremendous amount of negative response to this and the resolution was rescinded in July of 1991. He noted that the Oakland Hills fire was groundbreaking in California for standards related to urban wildland interface management because there was a lot of stuff that came out of the legislature and in the fire discipline about how to address these issues. In October 1993 there was the Laguna Canyon fire which was emotionally enlightening to the people in Newport Beach because of its close proximity. Immediately thereafter the Council adopted a very similar resolution that addressed the issue of urban wildland interface and what is being done in Newport Beach to try to keep what happened in Laguna Beach from happening here. At that time the City started on the path to start developing some standards in Newport Beach. In July of 1994 there was a tremendous amount of study, research and development and a report was produced called the Wildland /Urban Interface Task Force Report that really addressed the significant issues in Orange County that had to do with brush clearance standards, fuel modification programs and construction standards and building features that were hardened for buildings adjacent to wildland areas. The report went hand in hand with the standards the City was developing at the time, so based upon the report, staff made a recommendation to the Council to start moving forward with some new hazard reduction standards for Newport Beach. At approximately the same time staff started looking for opportunities to fund some of the work that needed to be done in Buck Gully since the only way to bring it into compliance would be to attack it vigorously. At that time staff also started meeting with community groups, particularly in Buck Gully, the Friends of Buck Gully and some of the environmentalists and there was significant concern about the issues of erosion, disturbance of animal habitat, whether it could be afforded, the human interaction, and the beauty of the canyon and the views. The most single pressing issue that came out of this was all of the existing mature trees that are in Buck Gully and whether the path the City was on should be continued or a compromise reached. After the community outreach was completed, staff presented the findings in a proposed ordinance to the Public Safety Committee after getting feedback from a couple of interested groups. The committee made a recommendation to adopt the ordinance with some changes dealing with the issue of how to handle the trees in Buck Gully In 1997 the Council adopted the ordinance regarding hazardous vegetation anc started performing mitigation work with funding from a federal grant Approximately $300,000 was spent in Buck Gully at the time doing brusl clearance as a shared program. The grant provided 75% of the costs and thi homeowners who were responsible for the mitigation provided 25% of the costs In July of 1999 the City started addressing the issue of Newport Coast and th annexation and particularly the wildland urban interface issues. Prior to th Volume 56 - Page 542 INDEX i e City of Newport Beach Study Session Minutes December 9, 2003 INDEX annexation the City adopted a fuel modification program that closely mirrored the one in place by the Orange County Fire Authority. When Newport Coast was annexed the standards that were in place were pretty much seamless with the programs that were engineered for hazard reduction and fire prevention for an Urban Wildland Interface area. The City started dealing with all of the Newport Coast property owners to bring the fuel modification zones into compliance with their established plans and the ordinance. At the tail end of getting that compliance in order, the October 2003 firestorms started. In November the City declared that all of the Newport Coast fuel modification zones were in compliance with their approved plans and the current ordinance. Chief Riley indicated that staff is before Council today because the devastating fires have punctuated the need for defensible space for the canyon homes and adjoining communities in proximity to Urban Wildland Interface areas. He said staff believes that the current standards do not meet the community and Fire Department needs for defensible space to adequately protect homes. Currently the City has two different programs in place: 1) the fuel modification program for all new homes and all new development in all the new areas in Newport Coast, which states that they must install and maintain a Fuel Modification Zone in all wildland areas; and 2) a hazard reduction standard which is for existing development areas not in Newport Coast that have an Urban Wildland Interface area. Chief Riley explained that a fuel modification zone is a wide strip of land where combustible vegetation has been removed and/or modified with drought - tolerant, fire resistant plants to reduce the risk of fires to homes and to create a defensible space. He provided a review of the current A, B, C & D zones. He noted that it was proven that fuel modification zones work during the Los Flores fire in May 2002 when 1100 acres burned, 200 homes were threatened and only one gazebo was lost. He showed pictures of the fire as it approached the homes and when the fire was out. Chief Riley noted that the current standard is for all homes that are located within 100 feet of an Urban Wildland Interface area and require brush clearance, which applies only to the sides of the structure facing the wildland area. In response to Mayor Pro Tem Ridgeway, Chief Riley explained that the California State Legislature adopted the Bates Bill that states that contiguous wild areas that grow to a certain size have to be declared a high hazardous severity zone and based upon that must meet certain state standards. The second part of that are areas where wild vegetation occurs, called special fire zones, which are not state mandated but identified by the City. On the City's GIS maps, the areas are either identified as special fire zones or areas that meet the Bates bill requirement. Except for when the City first annexed Newport Coast, the City doesn't have any areas designated as high hazardous severity zones. He noted that with the existing standards existing trees are not required to have separation of tree canopies as they get close to the house. If a new tree is planted it must be from the City's approved plant list and has to be planted so the issue of tree canopies growing together doesn't occur. The trees are also required to be pruned so they have to be cleared at least five feet from a structure. Where shrubs are located a separation between shrubs and the trees is required in order to reduce fuel laddering. Shrubs don't have to be on a fire resistive plant list, however if they are on the list they don't have to be maintained like the shrubs not on the non - fire resistive plant list. Ground cover has to be properly maintained in height, type and clumping and if there isn't ground cover, there must be some type of a biomass over the ground to reduce erosion problems. Firewood has to be kept a Volume 56 - Page 543 C1 0 City of Newport Beach Study Session Minutes December 9, 2003 minimum of 15 feet away from the house. The roof portions of any trees LnaL extend within 10 feet of the outlet of a chimney have to be removed and the roof must be kept free of debris from trees. He noted that currently the reduction zone is 100 foot, however the code actually says it is 30 foot plus 70 foot if the Fire Chief so designates. In Newport Beach the additional 70 foot has been designated in all areas. Right now he said the problems that have been created are too much fuel that is too close to the homes, too little access into the area to mitigate the problem, and too little space for firefighters to get in and protect homes in the wildland area. When it was adopted it sounded good but when you look at the actual application it has been determined that it doesn't provide adequate protection. He noted that this isn't solely a Buck Gully home issue. He showed pictures of Buck Gully noting the mass of vegetation in the area and the adjacency to the homes, as well as pictures of the Old Fire and examples of the City's fire modification zones. He explained that staff is proposing to increase the modification distances from 100 feet to 170 feet. He further explained that they are recommending that the tree separation issue be addressed, try to separate the fire resistive vegetation and limit the amount of non -fire resistive vegetation in the area and look at some mandated building standards in that area that are similar to the ones required in Newport Coast. He showed an aerial photo of where this will apply in Buck Gully and noted that it will also apply to Morning and Evening Canyons. He indicated that staff would like to pattern the new standards after the fuel modification standards so there is some level of consistency. There would be four zones which would be identified as Zones 1, 2, 3, and 4. They would have a minimum total width of 170 feet and plant material would be maintained in accordance with the ordinance. He explained the four zones and the requirements for each zone. Chief Riley noted that eucalyptus trees are not on the required plant removal list however if there is no separation, they may have to removed. He explained that all the canyons are owned by private parties who would be held responsible for the expense of mitigation. He said staff plans to seek grant funds and they are anticipating significant funds available from the federal government. He said the grant funds would be used to offset those costs. Council Member Nichols noted that about five years ago the City abandoned the rights to roads in the bottom of these canyons and questioned why it was done. Chief Riley indicated that it had nothing to do with fire department access issues. Council Member Webb explained that the roads in the lower canyon are considered "paper" streets. When the subdivision was laid out in the 1920's or earlier they tried to lay out streets every place they possibly could and didn't look at slopes and it was an impossible to build type of thing. The City felt that they had no ability to utilize that, however there was a storm drain easement retained in the very bottom but it wasn't a road. Council Member Nichols noted that if there were roads in the bottom it would assist in clearance. He questioned the homeowners' responsibility for maintaining these canyons and said he believes the City has some responsibility because it is a big watershed. Chief Riley noted that past policy has stated that if it is a private property issue the private property owner is responsible for maintaining to the current standards. He said he is unsure whether the Council wants to address the issue of taking the responsibility of participating in mitigation costs. Mr. Heffernan pointed out that the City has a comparable model in Newport Coast to use. Chief Riley said that as the City looks at these new standards and if it goes in Volume 56 - Page 544 u9 City of Newport Beach Study Session Minutes December 9, 2003 INDEX this direction, will have to determine what it will cost to bring the properties in compliance and what the ongoing maintenance costs will be for this new standard. He indicated that there is a need to do environmental studies in the area to determine the impact of fuel modification and hazard reduction programs on environmental concerns and a legal requirement to do so. He indicated there are also some geotechnical issues regarding watershed requirements and the impact on that. He said staff believes there is a need to look at grant funding to help the owners with the initial cost to bring the area into compliance with stricter standards. After that is all done, a new ordinance establishing a new hazard reduction program will have to be adopted. He said they recognize that this is a long term project, however there is a need to get started sooner rather than later. Mayor Pro Tem Ridgeway stated that the City needs to use some common sense and public relations with the residents. He said the City needs to be sensitive, however cognizant of the fire danger in that area and he believes there is a political will to support any action that staff is recommending. Mayor Bromberg emphasized the importance of public outreach. Council Member Adams concurred that public outreach should be added to the next step list. Chief Riley indicated the need to look at the issues so they can answer the questions that will arise and to identify the whole scope of the problem before moving forward. He noted that there are other issues dealing with construction, including retrofitting of roof coverings sooner rather than later, fire resistant sidings, dual pane windows, etc. Mayor Pro Tem Ridgeway noted that the insurance companies may take care of some of these issues and will weigh in on some of the requirements. Council Member Nichols said he fully agrees that this needs to be done, however said he feels the City needs to work with the homeowners and take some responsibility for the area as well since it is a watershed area. He said this will take a lot of effort because of the environmental groups that have claimed special control of the bottom of the canyon, wildlife preserves, etc. He said he believes it is the City's job to clean up that part of the watershed. Mayor Bromberg indicated that this is a policy issue that the Council will have to deal with. Laura Dietz noted that she came to the meeting because she wanted to take this information back to the Corona del Mar Residents Association Board who will be meeting next week. She reminded Council that what could happen in Buck Gully impacts the entire community and said that she will do everything she can to assist, in cooperation with the various homeowners associations, the Corona del Mar Residents Association Board, and the Chamber. She asked how many properties on Buck Gully are impacted by this. Chief Riley indicated that there are 262 properties affected by this. Council Member Nichols addressed the issue of the waterfall and was advised that it was a separate issue that staff is working on with Public Works. PUBLIC COMMENTS — None ADJOURNMENT — at 6:00 p.m. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Volume 56 - Page 545 J 0 E • • City of Newport Beach Study Session Minutes December 9, 2003 The agenda for the Study Session was posted on December 3, 2003, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 546 INDEX City of Newport Beach Study Session Minutes December 9, 2003 INDEX THIS'PAGE LEFT BLANK INTENTIONALLY 0 0 Volume 56 - Page 547 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 9, 2003 - 7:00 p.m. DRAFT INDEX STUDY SESSION - 4:30 p.m. CLOSED SESSION - 6:00 p.m xxxxxxxxxxxxxxxxxxx A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - None • D. PLEDGE OF ALLEGIANCE - Mayor Bromberg E. INVOCATION - The Reverend Richard Menees, Saint James Episcopal Church F. PRESENTATIONS Grand Jury Announcement. Dr. Tom Staple, Foreperson of the Orange County Grand Jury, invited Newport Beach and other Orange County residents to participate in the Orange County Grand Jury. He stated that the Grand Jury is the watchdog of the County with three functions, which include investigating how County agencies perform their duties, determining whether the District Attorney has sufficient evidence to bring a person to trial and investigating allegations of misconduct of public officials. He stated that the Grand Jury is chosen from a group of applicants who have been screened, interviewed and meet the requirements to serve on the Grand Jury. Dr. Staple announced that applications can be received by writing to the Orange County Superior Court, 700 Civic Center Drive West, Room A100, Santa Ana, 92702 -1970; calling 714 - 834 -6747; or on the internet at www.occourts.ore. Corona Del Mar Centennial Proclamation. Mayor Bromberg presented a proclamation to Bernie Svalstad and Peggy Fort recognizing the Corona del Mar Centennial Foundation and the Corona del Mar Centennial Celebration Committee, and declaring 2004 as the official centennial year for the village of Corona del Mar. Mr. Svalstad, Chairman of the 2004 Corona del Mar Centennial Foundation Board, thanked the City for its support. Ms. Fort, Executive Director, thanked the City for the honor and announced that a number of events are planned, including a community fundraising campaign Volume 56 - Page 548 City of Newport Beach Regular Meeting December 9, 2003 INDEX to support a time capsule monument. She invited the entire community to take part in the centennial celebration. Proclamation for Marge Pantzar. Mayor Bromberg presented a proclamation to Ms. Pantzar's daughter, Terrilee Collins, recognizing and thanking Ms. Pantzar for her 25 years of dedicated service and outstanding contributions to the environment and the City of Newport Beach. Marine Corp. Proclamation. Mayor Bromberg acknowledged Tim Sloat, a former Marine Captain, for putting the program together. Mayor Bromberg explained that the City of Newport Beach is "adopting" the 16L Battalion, 16t Marines from Camp Pendleton. He introduced Mr. Sloat, Marine Expeditionary Force Sergeant Major Bill Kinney, Command Master Chief Bob Elliot, Colonel John Toolan, Commanding Officer of the lst Marine Regiment, Lieutenant Victor Lomiscio from the la' Battalion 16L Marines, and Staff Sergeant Stacy Liebsch. Mayor Bromberg presented the proclamation recognizing and thanking the 16L Battalion, la' Marines for their long, faithful and professional service. Lieutenant Lomiscio read a letter from Lieutenant Colonel Brian Beaudreault addressed to the Mayor, thanking the City and Mr. Sloat for the recognition and honor. Mayor Bromberg expressed his pride in making the presentation. G. REORGANIZATION 1. ELECTION OF MAYOR. • Mayor Bromberg thanked his colleagues, the citizens and residents of the City, and staff for their support. He stated that it's been humbling and he's been proud to be the Mayor, and a council member, of a world class city such as Newport Beach. City Clerk Harkless placed all members of the City Council on an equal basis to nominate and elect. She announced that nominations do not require a second, are debatable, and cannot be amended or reconsidered. She stated that a majority vote is required to elect the Mayor. City Clerk Harkless opened the nominations for Mayor. Council Member Webb nominated Council Member Ridgeway. Motion by Council Member Bromberg to close nominations. Council Member Heffernan stated that he would be voting no on the nomination of Council Member Ridgeway as Mayor. He explained that he is doing so on an ethical basis. Brian Clarkson asked for the opportunity to speak on the election of the Mayor, and provided the City Attorney with the section of the Brown Act that addresses when the public has the right to speak on an item. After reviewing the section, City Attorney Burnham agreed with Mr. Clarkson that the public has the right to speak prior to the City Council making its determination on an item. . Mr. Clarkson, FreeNewport.com, stated that Newport Beach is one of the few cities that doesn't allow the residents to vote on the selection Volume 56 - Page 549 • City of Newport Beach Regular Meeting December 9, 2003 INDEX of the Mayor. Mr. Clarkson asked the City Council not to vote for Council Member Ridgeway as Mayor because he may have violated the Brown Act in rallying support from the other council members prior to the current meeting, is intolerant of many of the City's residents, and has been bought and paid for by real estate money, special interests and out -of- towners. Mr. Clarkson asked the City Council to demand a higher standard for the position of Mayor in Newport Beach and elect a Mayor that everyone can be proud of City Clerk Harkless announced the votes, as follows: Ayes: Rosansky, Ridgeway, Adams, Webb, Bromberg Noes: Heffernan Abstain: Nichols Absent: None City Clerk Harkless announced that Council Member Ridgeway had been elected as the new Mayor. Mayor Ridgeway took his proper place at the Council table. Mayor Ridgeway thanked Council Member Bromberg for his commitment to the City and, on behalf of the City Council, presented him with a plaque acknowledging his service as Mayor. • Mayor Ridgeway stated that he served for six years on the Planning Commission and has been a council member for five years. He mentioned the other committees that he currently serves on and, like the other council members, feels that he successfully provides for the quality of life in the City. In response to the comments made by Mr. Clarkson, Mayor Ridgeway stated that he's proud of the campaign contributions he's received and that they do not represent the right to any favorable treatment. In closing, Mayor Ridgeway thanked the council members for the honor to serve as Mayor, and stated that he will continue his involvement at all levels. 2. ELECTION OF MAYOR PRO TEM. Council Member Bromberg stated that he was intending to nominate Council Member Heffernan, but has learned that he does not wish to serve as Mayor Pro Tem. Council Member Bromberg expressed his disappointment in the decision. Council Member Bromberg nominated Council Member Adams. Council Member Heffernan nominated Council Member Bromberg. Motion by Council Member Webb to close nominations. City Clerk Hark-less announced the roll call votes, as follows: Adams: Rosansky, Adams, Webb, Bromberg, Ridgeway Bromberg: Heffernan, Nichols City Clerk Harkless announced that Council Member Adams had been elected as the new Mayor Pro Tem. Mayor Pro Tem Adams took his Volume 56 - Page 550 City of Newport Beach Regular Meeting December 9, 2003 proper place at the Council table. 3. SEATING ARRANGEMENTS FOR CITY COUNCIL. INDEX The council members decided on the seating arrangement of -the Council table, with the senior council members having first preference. The following seating order was determined (left to right): Heffernan — Rosansky — Adams — Ridgeway — Bromberg — Webb — Nichols. 4. REMARKS. Mayor Ridgeway stated that the selection process ran differently than it has in the past, but stated that everyone has a right to their opinion and feels that it will ultimately be healthy. H. NOTICE TO THE PUBLIC I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (LYON- DISCUSSION ITEM): • Council Member Nichols requested that a future agenda item address the residences in the City that are used for rehabilitation. He specifically requested that the zoning rules, spacing of such facilities • and occupancy be included in the report. • Council Member Nichols requested that a full list of the houses that Mr. Goetz was a part of be provided to the public. Mayor Ridgeway stated that the City Council did address the rehabilitation facilities in the City at a recent Study Session. City Attorney Burnham added that the City Council has initiated possible amendments to the zoning code dealing with recovery facilities. He stated that the proposed amendments will be addressed at a City Council meeting in approximately 75 to 90 days, and will be accompanied by a clear explanation of what the City Council's authority includes. Council Member Nichols requested that the information be provided to the public prior to the item being brought back to the City Council. Additionally, he requested that if it's legal, he'd also like the addresses of the homes being used to be included. • Council Member Webb requested that the City Council be informed of the status of the Mariners' Mile landscaping improvements. He explained that the project seems to have stopped and he'd like to see it completed prior to the holidays, as support of the businesses in the area. • • Council Member Webb welcomed Boy Scout Troop 746, in attendance at the current meeting. Volume 56 - Page 551 i Ll City of Newport Beach Regular Meeting December 9, 2003 • Council Member Bromberg informed everyone that Tom Hyans, an active City resident, suffered a stroke recently, but is accepting visitors. He encouraged those who are his friends to visit him, as Council Member Bromberg did himself. • Council Member Bromberg announced that the Balboa Island Christmas celebration will be taking place on Saturday, December 13, 2003, from 3:00 p.m. to 6:00 p.m. It will include a tree lighting ceremony, Santa Claus, snow and music. • Council Member Bromberg stated that the recent home tour on Balboa Island was a success. He thanked everyone that participated. • Council Member Bromberg thanked Council Member Heffernan for nominating him for Mayor Pro Tem. He expressed his hope that Council Member Heffernan would run for re-election in 2004 and possibly reconsider serving as Mayor Pro Tem or Mayor in the future. Mayor Pro Tem Adams stated that the Study Session held earlier in the day included a harbor - related matter. He requested that the Harbor Commission review the appropriateness of the current mooring fees, and that Council Member Heffernan's suggestion to have the Harbor Commission review the status of liveaboards also be addressed. • Mayor Pro Tem Adams requested that an update on the City -wide traffic signal timing program be provided to the City Council. • Council Member Heffernan requested a report on the State's action regarding the vehicle license fee and the effect it may have on the City. • Council Member Heffernan announced that, effective immediately, he is resigning from the General Plan Update Committee and the Airport Sphere Committee. • Council Member Heffernan requested that the Harbor Commission review the City's pier permit fees, and make a recommendation on if they should be changed. • Mayor Ridgeway stated that Tom Hyans is alert, but does tire easily. J. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 5. Item removed from the Consent Calendar by a member of the audience. 6. 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. Volume 56 - Page 552 INDEX City of Newport Beach Regular Meeting December 9, 2003 INDEX ORDINANCES FOR INTRODUCTION 7. Item removed from the Consent Calendar by Council Member Rosansky. 8. Item removed from the Consent Calendar by Council Member Heffernan. 9. PARK PATROL AUTHORITY TO WRITE ADMINISTRATIVE Ord 2003 -20 CITATIONS. 1) Introduce Ordinance No. 2003.20, as amended by the Park Patrol/ City Manager, amending Section 1.12.020 of Chapter 1.12 of the Administrative Newport Beach Municipal Code to authorize Park Patrol Officers to Citations issue citations; and 2) pass to second reading on January 13, 2004. (62/70) The amendments made by City Manager Bludau were to Sections F and J. Section F is to read, "The Code and Water Quality Enforcement Supervisor, the Code and Water Quality Enforcement Officers and the Watershed and Water Quality Specialists shall ... ". Section J is to read, "...occurring in parking lots servicing parks and other City facilities ". ORDINAANCE FOR ADOPTION 10. 3450 VIA OPORTO (PA2003 -213) - GENERAL PLAN Ord 200347 AMENDMENT NO. 2003 -010, LOCAL COASTAL PROGRAM GPA 2003 -010 AMENDMENT NO. 2003 -004, AND CODE AMENDMENT LCP 2003 -004 • NO. 2003 -008 - REQUEST TO AMEND THE GENERAL PLAN CA 2003 -008 AND LOCAL COASTAL PROGRAM LAND USE 3450 Via Oporto DESIGNATIONS FROM GOVERNMENTAL, EDUCATIONAL (45) AND INSTITUTIONAL FACILITIES TO RETAIL & SERVICE COMMERCIAL AND TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM GEIF TO RSC. Adopt Ordinance No. 2003 -17. RESOLUTIONS FOR ADOPTION 11. RESOLUTION UPDATING THE LIST OF DESIGNATED Res 2003 -64 EMPLOYEES FOR 2004 UNDER THE CITY S CONFLICT OF 2004 Designated INTEREST CODE. Adopt Resolution No. 2003 -64 adopting the 2004 Employees List Designated Employees List. (66) 12. Item removed from the Consent Calendar by Council Member Nichols 13. CALIFORNIA HIGHWAY PATROL DUI ENFORCEMENT Res 2003 -66 GRANT. Adopt Resolution No. 2003 -66 for the Newport Beach Police DUI Enforcement Department to participate in a California Highway Patrol DUI Grant Enforcement Grant on December 19, 2003. (70) 14. PROPOSED ASSESSMENT DISTRICT NO. 75 - BALBOA Res 2003 -67 BUSINESS DISTRICT (AREA BOUNDED BY OCEANFRONT Res 2003 -68 BOULEVARD, ADAMS STREET, EDGEWATER PLACE, AND `A' Res 2003 -69 STREET) FOR UNDERGROUNDING UTILITIES. 1) Adopt the Assessment District Volume 56 - Page 553 0 0 City of Newport Beach Regular Meeting December 9, 2003 following Resolutions for Proposed Assessment District No. 75: a) Resolution No. 2003 -67 making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 75; b) Resolution No. 2003 -68 declaring intention to order the construction of certain improvements in proposed Assessment District No. 75; declaring the improvements to be of special benefit; describing the district to be assessed to pay the costs and expenses thereof; providing for the issuance of bonds; and designating the area an underground utilities district; and c) Resolution No. 2003 -69 giving preliminary approval to the Report of the assessment engineer, setting the time and place for a public hearing as January 27, 2004; and ordering the intention of assessment ballot procedure for Assessment District No. 75; and 2) approve the Special Counsel Agreement with Robert Hessell. 15. PROPOSED ASSESSMENT DISTRICT NO. 81 — (RIVER AVENUE FROM CHANNEL PLACE TO 38TH STREET AND CHANNEL PLACE FROM BALBOA BOULEVARD TO 43RD STREET) FOR UNDERGROUNDING UTILITIES. 1) Adopt the following Resolutions for Proposed Assessment District No. 81: a) Resolution No. 2003 -70 making findings on a petition for, adopting a map showing the proposed boundaries of, and making appointments for Assessment District No. 81; b) Resolution No. 2003 -71 declaring intention to order the construction of certain improvements in proposed Assessment District No. 81, declaring the improvements to be of special benefit, describing the district to be assessed to pay the costs and expenses thereof, providing for the issuance of bonds, and to designate the area an Underground Utilities District; c) Resolution No. 2003 -72 giving preliminary approval to the report of the Assessment Engineer, setting the time and place for a public hearing as February 24, 2004 and ordering the intention of assessment ballot procedure for Assessment District No. 81; and 2) approve the Special Counsel Agreement with Robert Hessell. CONTRACTS AND AGREEMENTS 16. BAYSIDE DRIVE RESURFACING - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3556). 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; and 4) release the Faithful Performance Bond 1 year after Council acceptance. 17. JAMBOREE ROAD, BISON TO UNIVERSITY STREET REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3525). 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; and 4) release the Faithful Performance Bond 1 year after Council acceptance. Volume 56 - Page 554 INDEX No. 75/ Balboa Business District (89) Res 2003 -70 Res 2003 -71 Res 2003-72 Assessment District No. 81/ River Avenue/ Channel Place (89) C -3556 Bayside Drive Resurfacing (38) C -3525 Jamboree Road, Bison to University Rehabilitation (38) City of Newport Beach Regular Meeting December 9, 2003 18. Item removed from the Consent Calendar by Council Member Nichols 19. NEWPORT HEIGHTS ALLEY REPLACEMENT — COMPLETION AND ACCEPTANCE (C- 3565). 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; and 4) release the Faithful Performance Bond 1 year after Council acceptance. 20. BUCK GULLY, LINDA ISLE, AND CARNATION PUMP STATION REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3368). 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; and 4) release the Faithful Performance Bond 1 year after Council acceptance. 21. GEOTECHNICAL, SURVEYING AND MAPPING, ARCHEOLOGICAL, AND INTSPECTION ON -CALL SERVICES — APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS. 1) Approve Professional Services Agreements with Harrington Geotechnical and Leighton and Associates for on -call geotechnical services and authorize the Mayor and City Clerk to execute the Agreements; 2) approve Professional Services Agreements with Coast Surveying, Duca- McCoy, and Advanced Survey Services for on -call professional surveying and mapping services and authorize the Mayor and City Clerk to execute the Agreements; 3) approve a Professional Services Agreement with LSA and Associates for on -call archeological services and authorize the Mayor and City Clerk to execute the agreement; and 4) approve Professional Services Agreements with Project Partners and Hubell Technical Services for on -call supplemental public works inspection services and authorize the Mayor and City Clerk to execute the Agreements. 22. Item removed from the Consent Calendar by Council Member Heffernan. 23. Item removed from the Consent Calendar by Mayor Ridgeway. 24. Item removed from the Consent Calendar by Council Member Heffernan. MISCELLANEOUS ACTIONS INDEX C -3565 Newport Heights Alley Replacement (38) C -3368 Buck Gully, Linda Isle, and Carnation Pump Station Rehabilitation (38) C- 3673(A -H) Geotechnical, Surveying and Mapping, Archeological, and Inspection On -Cal Services (38) 25. ACCEPT A CHECK FROM THE HELEN L. RUSSELL LIVING I BA -017 TRUST IN THE AMOUNT OF $21,645.94 MADE PAYABLE TO Library THE NEWPORT BEACH PUBLIC LIBRARY FOR THE Improvements PURPOSE OF LIBRARY IMPROVEMENTS. Approve a budget Donation amendment (BA -017) in the amount of $21,645.94. (40/50) Volume 56 - Page 555 City of Newport Beach Regular Meeting December 9, 2003 26. BUDGET AMENDMENT TO APPROPRIATE FUNDS BEING HELD IN THE LIBRARY FOUNDATION SPECIAL PURPOSE DEPOSIT ACCOUNT TO EXPENDITURES ACCOUNTS. Approve a budget amendment (BA -019) in the amount of $55,000. 27. APPROPRIATION OF $57,380 FROM THE ENVIRONMENTAL LIABILITY FUND TO ACCOUNT 3155 -8080 TO PAY VARIOUS LEGAL AND CONSULTING FEES RELATED TO NEWPORT TERRACE LANDFILL GAS REMEDIATION. Approve a budget amendment (BA -020) to appropriate $57,380 from the Environmental Liability Fund to the Newport Terrace landfill gas disbursement account. Motion by Mavor Pro Tern Adams to approve the Consent Calendar, except for those items removed (5, 7, 8, 12, 18, 22, 23 and 24); and noting the amendment to Item No. 9. City Manager Bludau stated that Item No. 12 should actually be removed from the agenda. He explained that Assemblyman Campbell is expected to prepare legislation regarding the issue. Amended motion by Mayor Pro Tem Adams to approve the Consent Calendar, except for those items removed (5, 7, 8, 18, 22, 23 and 24); and noting the amendment to Item No. 9. isAllen Beek requested that the item not be removed from the agenda. City Attorney Burnham stated that the item has already been pulled from the Consent Calendar and will be open for discussion. Mayor Pro Tem Adams withdrew his amended motion. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None K. ITEMS REMOVED FROM THE CONSENT CALENDAR MINUTES OF THE REGULAR MEETING OF NOVEMBER 25, 2003. Jim Hildreth referred to page 516 of the November 25, 2003, regular meeting minutes and stated that the comments he made regarding the minutes of November 12, 2003, were left out. On page 517, Mr. Hildreth stated that his comments regarding the undergrounding of utilities and the financial aid that is available were also left out. Additionally, a question he asked about the easements for the streetlights on Big Balboa Island was worded incorrectly. Motion by Mayor Pro Tern Adams to waive reading of subject minutes, approve as written and order filed. Volume 56 - Page 556 INDEX BA -U19 Library Fund Transfer (40/50) BA -020 Newport Terrace Landfill Fund Transfer (40/44) City of Newport Beach Regular Meeting December 9, 2003 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None AMENDMENTS TO THE NEWPORT BEACH MUNICIPAL CODE REQUIRING USE OF FRANCHISED SOLID WASTE HAULERS FOR DEMOLITION ACTIVITIES. Council Member Rosansky stated that earlier in the day, he attended a meeting of the Governmental Affairs Committee for the Chamber of Commerce that included a presentation by the Integrated Waste Management Department. He commended the City on its recycling efforts. Dolores Otting stated that she used to have a trash hauling business in the City and was involved in the solid waste franchise agreement. She expressed her confusion as to why the City doesn't inform people coming to the Planning and Building departments of the trash haulers that they can use. She stated that the use of unauthorized, or non - franchised, contractors should not be occurring and that the proposed ordinance is not needed. She cited an example of an unauthorized contractor that she witnessed being used by the City. City Manager Bludau asked that Ms. Otting provide him with the name of the unauthorized contractor that was used so that he could follow up on the matter. He also noted that the City does provide builders with a list of the demolition contractors that can be used and that the ordinance will tighten the requirements for the builders to only use those haulers franchised in the City. Jim Hildreth stated that the debris from a house being constructed next door to where he resides is being hauled away for recycling by an outside contractor. He learned from the person in charge of the demolition that it was more cost effective to use the outside contractor. Mr. Hildreth noted that recycling is a requirement of all haulers. He stated that the City had plenty of opportunity to find out if a franchised hauler was being used, that the requirements are already in place and that the proposed ordinance is not needed. In response to Ms. Otting's comments, City Attorney Burnham stated that the proposed ordinance will make it a condition of a demolition permit to use a franchised hauler, which is what he feels that Ms. Otting is suggesting. Robert Walchli stated that due to the amount of construction taking place throughout the City, there are a lot of dumpsters and it doesn't appear that there's any oversight. He explained that when a permit is issued, there doesn't seem to be any follow -up on the part of the City. Volume 56 - Page 557 INDEX Ord 2003 -18 Franchise Solid Waste Haulers/ Demolition Activities (42) \J 0 • • 0 City of Newport Beach Regular Meeting December 9, 2003 He also noted that there are dumpsters in place without a permit, which represents lost revenue to the City, as well as a problem with dust and excessive debris. Council Member Rosansky stated that when a permit is issued for a dumpster, it could be weeks until the demolition actually occurs. He suggested that language be added to Section 303.1 that specifies the timeframe in which the permittee is required to notify the General Services Department. He stated that the current problem seems to be that the City isn't aware of when demolition commences, so doesn't know when to verify that a franchised hauler is being used. City Manager Bludau agreed and stated that there is also a problem when the company performing the demolition is different than the company hauling the material away. City Attorney Burnham also agreed with Council Member Rosansky's suggestion to add the language. Council Member Rosansky suggested that the permittee be required to notify the General Services Department no less than twenty -four hours in advance of its intent to commence demolition, as stated in the proposed ordinance, but also add that the notification must take place no more than forty -eight hours in advance. Mayor Ridgeway stated that a procedure also needs to be put in place for when the demolition doesn't occur within forty -eight hours of the notification. Council Member Rosansky stated that the permittee would then be in violation of the requirements of the permit and the City could stop the work. General Services Director Niederhaus agreed with the amendment suggested by Council Member Rosansky, but suggested that it be extended to seventy -two hours due to weekends. Motion by Council Member Rosansky to introduce Ordinance No. 2003 -18 amending Section 15.02.035 pertaining to the Uniform Administrative Code, as amended to require the permittee to notify the General Services Department within seventy -two hours of commencing demolition; and pass to second reading on January 13, 2004. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 8. ORDINANCE EXTENDING NON - EXCLUSIVE CABLE TV FRANCHISES WITH ADELPHIA AND COX COMMUNICATIONS. As Chairman of the Ad Hoc Telecommunications Committee, Council Member Heffernan took responsibility for the City's failure in reaching an agreement in the negotiation of the Cable TV franchises. He stated Volume 56 - Page 558 INDEX Ord 2003 -19 Cable TV Franchise Agreements (42) City of Newport Beach Regular Meeting December 9, 2003 INDEX that something's not being done right, customers aren't satisfied with their service or the fees they're paying, and the issue needs to be addressed. City Manager Bludau noted that it's a complicated process and one that the City has not dealt with for over 25 years. Assistant City Manager Kiff stated that one of the reasons that it has taken so long to negotiate the agreements is that the City is dealing with two cable companies who don't want to meet with the City together. He also noted that the existing ordinance dates back to 1965 and the process to update it has taken a long time. Thirdly, as a part of the negotiation process, the City conducted a cable needs assessment. City Manager Bludau noted that the cable needs assessment was a requirement of the formal negotiation process. Mayor Ridgeway asked what would happen if the City Council took no action on the item at the current meeting. Assistant City Manager Kiff stated that the existing franchises would continue on a month -to- month basis. In response to Mayor Ridgeway's question, Assistant City Manager Kiff stated that the City has no control over the rates that they charge. Council Member Heffernan asked for the rationale in extending the agreements for one year. City Attorney Burnham stated that the language could be worded to extend the franchise agreements to January 27, 2005, or until a new agreement is approved. Council Member Heffernan suggested that the item be continued to allow the City Council time to receive additional information on the current • status of the negotiations. City Attorney Burnham stated that both a revised ordinance and an extension of the agreements are needed. Council Member Bromberg understood the frustration with the negotiation process, but felt that extending the agreements for one year wouldn't give the cable companies any incentive to work with the City. He asked if the extension could be shortened to six months. Assistant City Manager Kiff stated that any extension would give staff more time to work on the issue, but that he didn't know if six months would be enough time. Motion by Council Member Bromberg to introduce Ordinance No. 2003.19 extending the current franchise agreements with Cox and Adelphia for six months; and pass to second reading on January 13, 2004. Dolores Otting stated that it is difficult to comprehend why Cox and Adelphia can't meet with the City at the same time. She suggested that the Cox Cable franchise agreements in South County, as well as the recent Adelphia agreements, be looked at. Ms. Otting stated that the City should be moving forward more quickly on the issue. Jim Hildreth referred to the staff report and noted that Adelphia provides a service to the City. He stated that Adelphia actually provides a truthful document of what happens at City Council meetings. Additionally, he stated that community programming should be available to everyone, and that it's the taxpayers that are Volume 56 - Page 559 0 City of Newport Beach Regular Meeting December 9, 2003 paying for the service. Dr. Jan Vandersloot expressed his surprise that the City receives 5 %, or $1 million, from the franchise fees, while the cable companies are receiving $20 million. He suggested that the City negotiate a higher rate of return or that the payments made by the citizens be reduced. Assistant City Manager Kiff stated that Federal law caps the amount that cities can retain from a cable company at 5 %. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 12. RESOLUTION SUPPORTING THE CALIFORNIA DEPART- MENT OF PARKS AND RECREATION'S CONVERSION PLAN FOR EL MORRO. Allen Beek stated that the proposed resolution serves the people of the City and the State, and it's time that the City did something • constructive regarding the matter. He urged the City Council to adopt the resolution. Mr. Beek stated that by the City taking such a strong position on the matter, Assemblyman Campbell will get the message that any legislation he is considering to help the current residents at the park will not be well accepted by the public. Mr. Beek added that public parks by schools have not presented problems before, but mobile home parks have. Lavenna Hayton stated that El Morro is within the City's sphere of influence and it's urgent that the resolution be adopted. She stated that the park belongs to the taxpayers and people should be allowed to visit it. She expressed her support for converting the trailer park to a public park, and stated that Assemblyman Campbell's office informed her that he is also. Robert Walchli stated that E1 Morro has been public property for 25 years and, yet, the public has been refused the right to visit the area. He noted that there is not parking nearby either. Mr. Walchli also stated that it's his understanding that Assemblyman Campbell supports the residents of the park, who want to stay there. He stated that it's time for the public to be able to enjoy the beach. Dennis O'Neil, Hewitt & O'Neil, representing the El Morro Community Association, stated that the property is under the jurisdiction of the County and that future planning should be handled . by the County and the State. He stated that he has been working on a plan that will open up access of the area to the public and provide additional revenue to the State. Mr. O'Neil stated that he spoke with Assemblyman Campbell, and he is opposed to the State's plan. Volume 56 - Page 560 101613 Res 2003 -65 E1 Morro /Crystal Cove State Park (62) City of Newport Beach Regular Meeting December 9, 2003 100003 �/:1 Mr. O'Neil asked the City Council to continue the matter and allow Assemblyman Campbell to submit his proposal. In response to Council Member Heffernan's question, Mr. O'Neil stated that he did not know what Assemblyman Campbell's proposal would be. Mr. O'Neil presented a letter from Assemblyman Campbell, which was addressed to the State and dated June 19, 2003. Mr. O'Neil submitted the letter from Assemblyman Campbell, as well as other letters expressing opposition to the State's plan. He stated that he's expecting Assemblyman Campbell's proposal to be a win -win situation for everyone. Dennis Baker stated that he uses the State's campgrounds and one is needed at E1 Morro. He stated that the resolution makes a positive statement and shouldn't interfere with Assemblyman Campbell's plans. Mr. Baker encouraged the City Council to adopt the resolution at the current meeting. Ray Halowski, member of the Surfrider Foundation, stated that the Crystal Cove State Park project involves everyone. He stated that when the residents of Newport Beach are told about the issue, they support the conversion of El Morro. He encouraged the City Council to adopt the resolution. Nancy Gardner, Surfrider Foundation, stated that the City Council previously supported E1 Morro becoming a public park. She stated that they should remember this and adopt the proposed resolution. Dr. Linda Orozco stated that there are a number of schools next to public parks and she doesn't see a problem with it. Additionally, she stated that the public parking for El Morro is 1% miles away. Dr. Orozco stated that if the land is public, it should be made that way. Dr. Jan Vandersloot asked the City Council to adopt the resolution and go on record as supporting the park plan. He stated that it is a park for the public and not for special interests. Dr. Vandersloot stated that the City should not waiver on its position or there will be public outcry. Rolly Pulaski, El Morro Village Community Association President, asked the City Council not to take action on the item at the current meeting. He stated that there will be other alternatives to the State's plan to consider, and explained that the community association has several ideas to propose to the State. He stated that their ideas have merit and they might be supported with the help of Assemblyman Campbell. Mr. Pulaski added that El Morro Village has always been open to the public and that previous suggestions to make this clearer to the public have been denied by the State, Mayor Ridgeway asked if there is public parking onsite. Mr. Pulaski stated that there is public parking available on the inland side of Coast Highway. Again, previous suggestions to make this more accessible have been denied by the State. Volume 56 - Page 561 City of Newport Beach Regular Meeting December 9, 2003 Stephanie Barker stated that the City Council needs to adopt the resolution for those that worked on bringing the plan together. She stated that Assemblyman Campbell has had plenty of time to be a part of the process. Ms. Barker additionally noted that the State's parks are one of the greatest assets that the State can provide to its citizens. Council Member Bromberg stated that the City Council reviewed this matter at a previous Study Session, where a main concern regarded which entity had the sphere of influence over the area. He stated that El Morro is a public park and should be developed into something for the public, but that he wasn't sure if the State's plan was the right plan. He stated that it might be worth waiting for alternative plans to be presented by Assemblyman Campbell. Council Member Bromberg stated that the City could then decide what it wants to support. Motion by Council Member Bromberg to continue the item, and direct staff to monitor the progress of the issue and report back to the City Council. Mayor Ridgeway agreed and stated that the State owns the land and he wouldn't want to interfere with the process. He suggested that the item return to the City Council within six months. Amended motion by Council Member Bromberg to continue the item, and direct staff to monitor the progress of the issue and report back to the City Council within six months. Mayor Pro Tem Adams stated that it's unclear what the outcome of the City Council adopting the resolution would be. He agreed that the land should be converted to public use, and asked if a resolution could be passed in the interim, expressing that viewpoint. Council Member Rosansky disagreed that having a State park next to a school will present a safety problem. He stated that the citizens in Newport Beach want the area to be accessible to the public and the City should take a leadership position on the issue. Council Member Heffernan stated that the El Morro Village Community Association has the money to fight the matter. He stated that there are two issues to consider. The first is deciding whether the City should be in favor of the lease with the village ending and the State taking back the property, and the second is defining a plan for what should happen next. Council Member Heffernan stated that the City should at least take a position on ending the lease, and then a plan will eventually evolve. He stated that it is in the City's best interest to open more beach areas to the public. Council Member Webb agreed that it's important for the City to take a position on the matter, and felt that the wording in the resolution could be amended to effectively state the City's position of supporting the State taking over the park without specifying what the plan should be for the public use of the park. Volume 56 - Page 562 INDEX City of Newport Beach Regular Meeting December 9, 2005 INDEX Volume 56 - Page 563 Substitute motion by Council Member Webb to adopt Resolution No. 2003 -65 supporting the California Department of Parks and Recreation's conversion of the El Morro area within Crystal Cove State Park, as amended to delete reference to endorsing any particular plan. After a brief discussion, it was clarified that the resolution, as amended, would state the City's support of the State converting the trailer park to public recreation use. Council Member Bromberg withdrew his motion. The substitute motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Is. CASTAWAYS PARK REVEGETATION — AWARD OF C -3546 CONTRACT (C- 3546). BA -018 Castaways Park Council Member Nichols stated that he can't support the Nature Revegetation Conservancy's requirement that the public can't walk on the grass (38/40) areas in the park. • Mayor Ridgeway read from the staff report and stated that the park will not be for purely passive uses. Council Member Nichols stated that he wants it made clear that users of the park can use the grass areas. Council Member Webb stated that the plan is to create a borderland, roughly 50 feet wide and parallel to the bluff top, that would be available for more active, passive uses. The remainder of the park wouldn't have fences after the maintenance establishment periods and paths would be similar to the current paths. He wasn't aware of any enforcement that would prohibit users from walking through the grass areas. Council Member Webb stated that the plan is the one decided on by the City Council and the'contract should be awarded. Council Member Rosansky agreed that the use of the park has already been determined and that the current action is to award the contract. City Attorney Burnham clarified that the action to award the contract also includes approval of the plans and specifications. City Manager Bludau added that timing is of the essence since the contract has to be awarded prior to the restoration taking place. Referring to the bid amounts listed in the staff report, Council Member Heffernan asked if the low bidder had been qualified. City Attorney Burnham stated that the contractors were prequalified and the award of the contract is to the lowest responsible bidder. Volume 56 - Page 563 0 City of Newport Beach Regular Meeting December 9, 2005 Per Council Member Adams' question, City Attorney Burnham added that staff has the ability to make recommendations on whether the bidder is responsible. Staff also has the ability to adjust the bid if there are mistakes in the written designations. Mayor Ridgeway pointed out that the low bid was 17% above the engineer's estimate. Dr. Jan Vandersloot stated that it has been the intention of the Nature Conservancy from the beginning that the park is to be open to the public with no restrictions on where people can go. He stated that it's different than an ecological reserve, but will provide an educational experience where people can see what native vegetation is and how it operates in an ecosystem. Dr. Vandersloot stated that the compromise to add the 50 -foot border of meadow sedge will provide for more active use at the park. Stephanie Barker thanked staff for moving forward so quickly on the project and hoped that the City Council would support the recommended action. She announced that a gardening with natives workshop would be held on December 10, 2003, at the Newport Interpretive Center. She stated that additional information can be accessed as www.eartbresource.ore. Motion by Council Member Brombere to approve the plans and specifications; increase revenue estimates in Account No. 250 -4879 by $50,000 from the Nature Conservancy Grant, and approve a budget amendment (BA -018) in the amount of $103,085 ($53,085 from the Unappropriated General Fund, Account No. 010 -3605 and $50,000 from the Nature Conservancy Grant) to the Parks Funds, Castaways Park, Account No. 7251- C5100677; award contract (C -3546) to Pacific Restoration Group Inc. for the total bid price of $268,857, and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $26,000 to cover the cost of unforeseen work. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 22. CORONA DEL MAR STATE BEACH IMPROVEMENTS — AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS. Council Member Heffernan stated that it appears that the design component of the project is being increased from $143,000 to $214,500, with the expectation that the project is going to get larger. He expressed his concern for finding the $2.5 million needed to pay for the Volume 56 - Page 564 i 41111 C -3461 Corona del Mar State Beach Improvements (38) City of Newport Beach Regular Meeting December 9, 2003 INDEX enlarged project. He asked what the chances of getting the money are. Assistant City Manager Kiff stated that the project is being phased, since some of the money has already been secured through grants and other grants will become available in the future with varying timeframes on when they can be applied for. He added that the chances are good that the grants will be secured. Council Member Nichols stated that he has several concerns including the shortage of beach. He specifically mentioned the lack of public support for a lifeguard station and moving forward with a contract that doesn't have public support. Mayor Ridgeway stated that the contract was voted on by the City Council at a previous meeting, by a vote of six to one, with Council Member Nichols dissenting. Motion by Council Member Brombere to approve Amendment No. 2 to the Professional Services Agreement with Robbins Jorgensen Christopher Architects, and authorize the Mayor and City Clerk to execute the Amendment. Council Member Webb stated that it appears that the increase in the architectural costs is being justified by an increase in the cost of the project and not by an increase in the features of the project. Mayor Ridgeway stated that he thought it was based on entrance modifications, which City Manager Bludau confirmed. Mayor Ridgeway stated that the increase seems excessive for such a modification. Public Works Director Badum stated that there are other items included in the increase to the size of the project and that the scope of the project has evolved over time. Dolores Otting asked for an explanation of what the project now looks like, since it's apparently bigger than what was presented to the public. She asked how more money could be spent on a project that isn't clearly defined. Council Member Heffernan stated that the City Council approved the basic design features of the project in a broad concept. Public Works Director Badum confirmed that the City Council did look at a broader project and directed staff to move forward with the design of the project knowing that it would be phased in case money wasn't available in the future. He stated that having a set of plans will help the City to pursue the additional funds. Council Member Heffernan confirmed that staff does not feel that additional public hearings or presentations are needed on the design features. Mayor Ridgeway stated that concep,ual designs are always started with, and then schematic designs are prepared, followed by design development. He stated that design development usually accounts for approximately 55% of the entire contract, and that 'design development drawings are needed to obtain grant money from the State because they include cost estimates. Volume 56 - Page 565 E • City of Newport Beach Regular Meeting December 9, 2003 Mayor Pro Tem Adams stated that the majority of the increase is due to the increase in the basic scope of the construction budget from $1.2 million to $2 million, as a percent of fee. He stated that it's fairly straight forward why the amendment is being recommended. Council Member Rosansky stated that the fee has increased by 50% and asked if staff felt that the architectural firm was providing a 50% increase in services. Public Works Director Badum stated that it is a normal design fee for a project of this magnitude. Council Member Rosansky asked if the additional services were equivalent to 50% more work. Public Works Director Badum stated that he'd have to look at the firm's proposal more closely to answer the question. Substitute motion by Mayor Ridgeway to continue the item to January 13, 2004, in order for the City Council to receive a more adequate report on the changes to the contract and a detailed list of items that are being changed. The substitute motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Mayor Pro Tem Adams made it clear with staff that the delay in approving the amendment means that no money can be spent on the project in the interim. City Manager Bludau expressed his understanding of the request. 23. EXTENSION OF A JOINT POWERS AGREEMENT FOR MOORING ADMINISTRATION. Mayor Ridgeway requested staff to provide an inventory to the City Council of all moorings, including those in need of repair and maintenance. Council Member Heffernan stated that the City of Avalon charges $500 annually for their moorings and that it includes maintenance. Mayor Ridgeway noted that the moorings in Avalon are pristine. Council Member Rosansky also requested an assessment on the proper utilization of the moorings. He specifically requested that the size of the boats in the moorings, and the adequacy of the allocation and number of moorings be addressed in the report. Mayor Ridgeway stated that it will put pressure on the upland . residential neighborhoods, and that a smaller boat can be placed in a mooring, but the fee is determined by the size of the mooring and not the size of the boat. Volume 56 - Page 566 INDEX C -2241 Mooring Administration/JPA (38) City of Newport Beach Regular Meeting December 9, 2003 INDEX Volume 56 - Page 567 1W Jim Hildreth asked why Tom Rossmiller didn't sign his own staff report. Additionally, he stated that the City monitors the pier permitted locations and the County monitors the onshore and offshore moorings. He stated that the joint powers agreement between the City and the County is for the collection of the fees for the onshore moorings, since they he on both City and County property. He asked to see a copy of the original mooring administration agreement. Lastly, he noted that the agreement excludes the Grand Canal and that the fees for the pier permitted sites have been going up. Robert Walchli stated that the City should look at taking over the management and control of the moorings. He felt that the original purpose of the moorings was to provide an affordable avenue for people of average means to enjoy boating, but that many of the moorings and boats in Newport Beach are in disrepair. He noted that in San Diego, regular renewal of the mooring rentals and maintenance of the boats is required. He stated that this allows for others to use the moorings, particularly those that use their boats. He stated that affordable facilities need to be made available and the matter should be brought under local control. Mayor Ridgeway suggested that possibly the mooring situation be agendized for a future Study Session. Mayor Pro Tern Adams noted that the City does address derelict boats. Mayor Ridgeway added that the newly- formed Sphere Issues Committee will look at County services in the harbor. Motion by Council Member Bromberg to authorize the Mayor to approve an amendment to the Joint Powers Agreement (D89 -035) between the City and the County of Orange authorizing the County to administer moorings in Newport Harbor. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None 24. SLOPE, PARKWAY, AND MEDIAN MAINTENANCE IN THE C -3674 NEWPORT COAST. C -3675 BA -021 City Clerk Hark-less noted that the recommended action is provided in Slope, Parkway, the staff report, which differs from what was printed on the agenda. and Median Maintenance in the Council Member Heffernan stated that the proposed agreement is a Newport Coast part of the annexation agreement with Newport Coast, and has gone (38/40) through many reiterations. He asked how much it will cost the City in the current fiscal year and if the money has already been set aside. Volume 56 - Page 567 L, City of Newport Beach Regular Meeting December 9, 2003 INDEX Administrative Services Director Danner stated that the action includes a budget amendment, because staff did not know what the amount of the expense would be so didn't budget for the item. He stated, however, that the expenditures were included in the fund balance estimates. Council Member Heffernan asked if the homeowner associations would be receiving the money owed to them retroactive to March, 2002. Assistant City Manager Kiff stated that the City does owe the homeowner associations for work that the City should have been doing, but that the amount has not been determined. He stated that the matter would be agendized for a City Council meeting in January, 2004. Council Member Heffernan confirmed with Assistant City Manager Kiff that the homeowner associations are acceptable to waiting for the reimbursements. Dolores Otting asked if the budget amendment amount was equal to the total amount being spent in the current fiscal year. Assistant City Manager Kiff responded in the affirmative, and noted that the amount covers the remaining six months of the fiscal year. In future years, the amount will be double that. Additionally, he explained that Newport Coast is unique because the homeowner associations own the medians and the parkways adjacent to, and within, the public streets. As a part of the annexation agreement, the City committed to maintaining those areas as if the City owned them. • Motion by Council Member Heffernan to 1) authorize the City Manager to enter into a Property Maintenance Agreement or agreements, substantially similar to the document included with the staff report, with eligible Newport Coast community associations to maintain the landscaping on certain slopes, parkways, and medians along public streets; 2) authorize the General Services Director to enter into or amend an existing contract with Park West Landscape Maintenance or any other qualified firm to maintain certain slopes, parkways, and medians in the Newport Coast; 3) authorize the City Manager to enter into a reimbursement arrangement with certain HOA's that may not want the City's contractor to do their maintenance work; and 4) approve a budget amendment (BA -021) appropriating a total of $245,422 to fund expenditures for the remaining six months of FY 2003 -04 according to the following schedule: a) $151,612 to the General Services Department's Parks Maintenance Division Professional and Technical Services Account (3170 -8080) for contract landscaping services from Unappropriated General Fund Reserves; b) $43,500 to the General Services Departments Utilities Account (3170- 8118) for reclaimed water purchases from Unappropriated General Fund Reserves; c) $20,000 to the General Services Departments Street Tree Maintenance Division Professional and Technical Services Account (3180 -8080) to fund a tree inventory and immediate tree maintenance services to reduce liability issues on newly acquired areas adjacent to public rights of way; and d) $30,310 to a new account within the General Services Department's Parks Maintenance • Division Professional and Technical Services Account (3170- 808OX) for landscape maintenance and reclaimed water purchase reimburse- ments (for the Newport Ridge HOA) from Unappropriated General Volume 56 - Page 568 City of Newport Beach Regular Meeting December 9, 2003 uff`P Fund Reserves ($23,552) and from the Water Enterprise Fund ($6,758). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Mayor Ridgeway recessed the meeting at 10:00 p.m. and reconvened the meeting at 10:15 p.m., with all council members present. L. PUBLIC COMMENTS Yvonne Houssels, Harbor View Hills South resident, expressed her and her neighbors' concerns about the recent decision by the City to grant a special 5% variance to many of the homes that had their architectural work done by Andrew Goetz and which did not meet the height zoning restrictions of the City. She hoped that the City Council would reconsider the decision and find another solution to the problem. Ms. Houssels stated that her comments also represent the viewpoints of Tess Lier, who was in attendance at the meeting earlier in the evening. Robert Walchli thanked the City Council for requiring the property owners at 202 Fernleaf to remove a portion of their over - height structure, but stated that there is still a concern about allowing the other noncomplying portions to remain. Secondly, Mr. Walchli stated that any campground will bring a high-class clientele, due to the cost of recreation vehicles. Lastly, Mr. Walchli complimented Park Patrol Officer Rodriquez, and stated that he and the program will be an asset to the community. Jim Hildreth stated that the rough draft of the minutes that have been approved have things that have been left out. Per the request of Mayor Ridgeway, City Attorney Burnham stated that the public cannot speak on an item that has already been voted on, because it is not within the subject matter jurisdiction of the City Council. Mr. Hildreth could, however, address the general manner in which minutes are prepared. Mr. Hildreth stated that the structures in the Grand Canal are not pier permitted even though they are billed that way. He stated that they are actually access structures. He stated that the City should not be destroying pier permitted records. Dolores Otting provided information on the City of Palo Alto and their process for electing the Mayor. She stated that the business of the public should be conducted in public, as per the Brown Act. She expressed her confusion for Mr. Hildreth not being allowed to speak on Volume 56 - Page 569 E • L� City of Newport Beach Regular Meeting December 9, 2003 INDEX an item that had already been voted on. Ms. Otting complimented Mayor Pro Tem Adams for how he runs meetings. Lastly, she stated that reports that are requested by the City Council in public should also be provided to the public. Based on several comments throughout the meeting, City Manager Bludau stated that the selection process for the Mayor is specified in the City's Charter, which was voted on by the citizens. Dr. Linda Orozco stated that the City is aware of the complaints about the 27 -bed drug halfway house in her neighborhood, but has said that nothing can be done. She stated that two City zoning ordinances, 20.10 and 20.66, have existed for years, but have been ignored. She requested that the City enforce the current zoning codes. Dr. Orozco provided a handout. Mayor Ridgeway stated that until this year, he was not aware of the issue with Narconon. He stated that when he found out about it, he took immediate action, had it agendized for a Study Session and initiated an ordinance to address the situation. He stated that the item will be returning to the City Council in 75 to 90 days. Mayor Pro Tem Adams requested that the City's existing ordinances and the ability for enforcement also be addressed in the staff report. . Council Member Nichols stated that halfway houses are required to have a separation distance between them, with one not allowed adjacent to another. He requested that this provision be enforced. City Attorney Burnham stated that there is not a separation requirement in the City's code, and that requiring so could be a violation of Federal law. He stated that he would include this information in the staff report. Brian Clarkson apologized for interrupting the election of the Mayor earlier in the meeting, but stated that it was the only way that he could speak on the matter. He stated that the voters, if given the choice, would probably prefer to elect their own Mayor, and that a poll being conducted on the FreeNewport.com site shows this to be a popular issue. He stated that with the long -term projects being discussed, a Mayor who serves more than one year should also be considered. Ed Smith, Narconon Director, stated that cities should support programs that deal with individuals who have drug and alcohol problems. He stated that Narconon is willing to work with the City, the community and its neighbors. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Mayor Pro Tem Adams stated that GPUC met on December 8, 2003, and discussed the filling of the vacancies on the General Plan Advisory Committee Volume 56 - Page 570 City of Newport Beach Regular Meeting December 9, 2003 INDEX (GPAC), which would be discussed later in the current meeting. He also reported that GPUC was presented with an update on the base traffic study that will be used to evaluate various alternatives in the general plan update. Assistant City Manager Wood confirmed that the study could be viewed on the website at www.NBVision2025.com. Status report — Newport Coast Advisory Committee. Council Member Heffernan reported that the City is in the process of reimbursing Newport Coast for fuel modification zone work that has been done. Additionally, he mentioned a new cell site being installed on San Joaquin Hills Road and pointed out that it is on County land, so the City's requirements are not enforceable on the site. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reported that the steering committee has not met since the previous City Council meeting, but that everything is progressing as planned. He confirmed that the committee is expected to meet in February. Status report — Local Coastal Program Certification Committee. Mayor Ridgeway announced that the certification committee will be meeting at City Hall at 4:30 p.m. on December 10, 2003. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT Planning , 28. PLANNING COMMISSION AGENDA FOR DECEMBER 4, 2003. Commission Planning Director Temple stated that the Planning Commission (68) agenda included two items. The first item was an application for a coastal residential development permit and was approved with an in lieu fee requirement. The second item was for a use permit for a service station, which the Planning Commission had considered at a previous meeting. Planning Director Temple stated that the applicant responded to the concerns of the Planning Commission, and the Planning Commission approved the use permit. O. PUBLIC HEARINGS 32. LANDMARK BUILDINGS, CODE AMENDMENT NO. 2003 -009; Ord 2003 -21 AND BALBOA THEATER, 707 EAST BALBOA BOULEVARD, Res 2003 -75 GENERAL PLAN AMENDMENT NO, 2003 -006 AND LOCAL CA 2003.009 COASTAL PROGRAM AMENDMENT NO. 2003 -005 (PA2003- GPA 2003.006 212). [Taken out of order). LCP 2003 -005 PA 2003 -212 Program Administrator Trimble stated that by adopting the ordinance, Landmark the zoning code would be changed. Adoption of the resolution would Buildings/ amend the general plan and the local coastal program. He stated that Balboa Theater the Planning Commission approved the recommended action by a vote (68) of7to0. Council Member Heffernan asked if the action would apply to the Port Theater, Program Administrator Trimble stated that the action affecting the landmark buildings would apply to all four landmark Volume 56 - Page 571 0 0 0 City of Newport Beach Regular Meeting December 9, 2003 buildings in the City. The action applying to 707 East Balboa Boulevard would only apply to the Balboa Theater. Council Member Nichols confirmed that the 55 -foot height limitation would apply to the Port Theater. He asked how high the Port Theater is. Program Administrator Trimble stated that the existing height to the roofline is 29 feet, but the ridge is an additional four to five feet, so the height ranges from 29 feet to 34 feet. Mayor Pro Tem Adams noted that Council Member Nichols recused himself from discussion on the landmark buildings at a previous City Council meeting due to the proximity of his residence to the Port Theater. City Attorney Burnham confirmed that Council Member Nichols should recuse himself from the action on the zoning ordinance. Motion by Mavor Pro Tern Adams to bifurcate the action on the two items. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None In response to Council Member Nichols' question, Program Administrator Trimble confirmed that the proponents of the Balboa Theater project have indicated the desire to have an outdoor deck on top of the building. It has been identified as a key component to generating funds for the project and critical to the viability of the theater. The actual proposed deck height is lower than 55 feet. Council Member Nichols expressed his opposition to this applying to all landmark buildings. Program Administrator Trimble stated that three findings would need to be made in order for a use permit to be issued. Assistant City Manager Wood added that the ordinance would only provide the opportunity for a use permit application to be filed. City Attorney Burnham suggested that the discussion of the two action items be bifurcated, and that Council Member Nichols recuse himself from discussion on the action pertaining to the ordinance. Mayor Ridgeway opened the public hearing on the ordinance. Carol Hoffman, representing the Balboa Theater Foundation, stated that the ordinance is an important regulation to assist the foundation in their efforts. Hearing no further testimony, Mayor Ridgeway closed the public hearing on the ordinance. Motion by Council Member Brombere to introduce Ordinance No. 2003 -21 amending Title 20 of the NBMC and pass to second Volume 56 - Page 572 INDEX City of Newport Beach Regular Meeting December 9, 2003 reading on January 13, 2004. Council Member Heffernan asked if there were other such observation decks in the City. Program Administrator Trimble stated that he wasn't aware of any such decks on commercial buildings. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: None Abstain: Nichols Absent: None Mayor Ridgeway opened the public hearing on the resolution. Hearing no testimony, Mayor Ridgeway closed the public hearing on the resolution. Motion by Council Member Bromberg to adopt Resolution No. 2003 -75 amending the General Plan and Local Coastal Program. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None 29. APPEAL OF THE PLANNING COMMISSION DENIAL OF MODIFICATION PERMIT NO. 2003 -097 TO ALLOW A FIFTH WALL SIGN — 4000 MACARTHUR BOULEVARD (PA2003 -232) (CONEXANT SYSTEMS, INC. — APPLICANT). Mayor Pro Tem Adams announced that he would be recusing himself from the item due to his ownership of Conexant Systems, Inc. and Mindspeed common stock. Mayor Ridgeway announced that he would also be recusing himself from the item for the same reason. Planning Director Temple stated that the building currently has four signs, two on each of the two towers. Conexant has requested to install a third sign on one of the towers. She stated that the Modifications Committee approved the application based on the fact that the building is unique. The Planning Commission reversed the decision of the Modifications Committee and denied the application. Planning Director Temple stated that the Planning Commission felt that four signs were sufficient and that any visibility issues could be addressed by relocation of the existing signs. Council Member Webb asked if the restrictions for a 200 -foot sign were Volume 56 - Page 573 INDEX 0 Modification Permit No. 2003.097/ Conexant Systems, Inc. (68) L J 0 0 City of Newport Beach Regular Meeting December 9, 2003 the same for a one -story building as for a ten -story building. Planning Director Temple confirmed that the height of the building does not affect the restriction. Council Member Rosansky asked if there are other buildings in the City that have three signs. Planning Director Temple stated that she was not aware of any. Council Member Bromberg opened the public hearing. Dennis Stout, representing Federal Sign and Conexant, stressed the fact that the building is unique. He stated that there are ten fascias that could be used for sign locations. Mr. Stout stated that Conexant needs approach visibility, and pointed out that there are no angles from the main arterials where two signs can be seen at once. Hearing no further testimony, Council Member Bromberg closed the public hearing. Motion by Council Member Heffernan to reverse the decision of the Planning Commission and approve the request by adopting the findings contained in the Modifications Committee approval letter. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols Noes: None Abstain: Adams, Mayor Ridgeway Absent: None 30. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2004. Mayor Ridgeway opened the public hearing Assistant City Manager Wood announced that no written protests have been received. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Bromberg to adopt Resolution No. 2003 -73 confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2004 calendar year. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Volume 56 - Page 574 INDEX Res 2003 -73 Marine Avenue BID (27) City of Newport Beach Regular Meeting December 9, 2003 INDEX Absent: None 31. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT Res 2003 -74 DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND Restaurant ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS Association BID IMPROVEMENT DISTRICT FOR THE FISCAL YEAR 2004. (27) Mayor Ridgeway opened the public hearing. Assistant City Manager Wood announced that no written protests have been received. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Bromber¢ to adopt Resolution No. 2003 -74 confirming the Restaurant Business Improvement District Annual Report and levying the BID assessment for the 2004 calendar year. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway ?Foes: '_'one Abstain: None Absent: None P. CONTINUED BUSINESS 33. UNSCHEDULED VACANCY ON THE PARKS, BEACHES & Parks, Beaches & RECREATION COMMISSION. Recreation Commission Using paper ballots provided by the City Clerk, the council members Unscheduled voted on either Tim Brown or Michael Wade for the appointment. City Vacancy Clerk Harkless read the votes as follows: (24) Tim Brown (Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway) City Clerk Harkless announced that Tim Brown has been appointed to fill the vacancy on the Parks, Beaches & Recreation Commission with a term ending 6/30/07. Mayor Ridgeway congratulated Mr. Brown and stated that it's a long overdue appointment. 34. ADOPTION OF A RESOLUTION ESTABLISHING THE Res 2003 -76 SPHERE ISSUES COMMITTEE AND MAYOR'S APPOINTMENT Sphere Issues OF COMMITTEE MEMBERS. Committee (24) Mayor Ridgeway appointed Council Members Bromberg and Rosansky, and himself, as Chair, to the Sphere Issues Committee. Volume 56 - Page 575 0 Ll City of Newport Beach Regular Meeting December 9, 2003 Motion by Mayor Ridgeway to adopt Resolution No. 2003 -76 and appoint Council Members Bromberg and Rosansky, and Mayor Ridgeway, as Chair, to the Sphere Issues Committee The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None Q. CURRENT BUSINESS 35. REFILLING VACANCIES ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Assistant City Manager Wood announced that the General Plan Update Committee (GPUC) recommends Lila Crespin to fill the vacancy on GPAC for the Culture & Arts category, Win Fuller and Elizabeth Bonn to fill the vacancy for District 1, Barbara Lyon for District 3, and Gordon Glass and Hal Seely for District 4. Mayor Pro Tem Adams suggested that the City Council make the • appointments at their meeting of January 13, 2004, to allow time for the council members to review the qualifications of the individuals being recommended to fill the vacancies. Motion by Mayor Pro Tem Adams to continue the appointments to January 13, 2004. Assistant City Manager Wood stated that GPAC is scheduled to meet on January 12, 2004, but that the meeting will consist of a presentation and that action is not expected to be taken. City Manager Bludau stated that the individuals could attend the meeting anyway if they desired, without having been appointed. He further suggested that the individuals be directed to fill out applications to provide the council members with additional information. Mayor Pro Tem Adams agreed that having the individuals fill out applications would be helpful and that he'd be interested in knowing who attends the meeting. After a brief discussion, it was decided that Ms. Crespin could be appointed at the current meeting since the council members were aware of her qualifications, based on her previous service. Assistant City Manager Wood stated that GPUC also recommended that applications be solicited for GPAC since this hadn't been done recently. Amended motion by Mavor Pro Tem Adams to appoint Lila Crespin for the Culture & Arts category; continue the appointment of Win Fuller or Elizabeth Bonn for District 1, Barbara Lyon for District 3, and Gordon Glass or Hal Seely for District 4 to January 13, 2004; and direct staff to solicit and accept applications for GPAC. Volume 56 - Page 576 General Plan Advisory Committee (GPAC) (24) City of Newport Beach Regular Meeting December 9, 2003 INDEX Council Member Rosansky explained that he'll be abstaining from voting on the motion because he doesn't know Ms. Crespin. The amended motion carried by the following roll call vote: Ayes: Heffernan, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: Rosansky Absent: None R. MOTION FOR RECONSIDERATION - None S. ADJOURNMENT at 11:15 p.m. in memory of Bob Crevier. xxxxxxxxxxxxxxxxxxx The agenda for the Regular Meeting was posted on December 3, 2003, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 577