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HomeMy WebLinkAbout01 - Minutes - 09-17-2004September 28, 2004 Agenda Item No. I CITY OF NEWPORT BEACH City Council Minutes Study Session September 14, 2004 - 4:30 p.m. ROLL CALL Present: Heffernan (arrived at 5:05 p.m.), Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: District 4 (vacant) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None. 2. FOOD SERVICE ESTABLISHMENT (FSE) FATS, OILS AND GREASE ORDINANCE. Assistant City Manager Kiff recognized Management Assistant Moritz, Administrative Manager Deutsch, Utilities Supervisor .`Delicce, Utilities Operations Manager Burt, and Utilities Director Davidson' for their work on the program. He also introduced the Citye consultant, Jon Kinley'of ECIS, who inspects the restaurants to see how'well"they. are maintaining their grease interceptors (GI). He emphasized that their goal is to avoid sewage spills. Mr. Kiff utilized a PowerPoint presentation, reporting, that the study session is a starting point for Council and they intend to involve the restaurant community from this point forward. He displayed photos of grease inside the sewer line which eventually. l d..to clogs that backup and cause spills. He reported that the City has one of te most aggressive waste line cleaning programs in the region. He stated that the City cleans eight miles monthly, five miles quarterly, and 197 miles annually. He noted that monthly cleanings are done closest to grease producing :ar as. +and quarterly cleanings occur to pipes that show less grease buildup. He siiii s. that 313 miles of sewer main are cleaned each year. Mr. Kiff noted that the Citys'..'camera van program does monthly and quarterly visual inspections at the hotspots which consist of over 50,000 feet of sewer line. kA In respoii90 .to Council questions, Utilities Supervisor Delicce reported that the City has 220 ariles of sewer line. Council Member Webb noted that the eight miles of sewer line'that - r being cleaned monthly are the problem lines. Mr. Delicce pointed out that there is a 10 -inch line that runs the stretch of Coast Highway in Corona del Mar which is on the quarterly run. He indicated that, because it's a larger line, it doesn't need the aggressive cleaning that the monthly run gets. He stated that most of the monthly lines are 8 -inch sewer lines. Council Member Webb added that those are in areas along Coast Highway and Mariners Mile, and the Balboa Island alleys that are parallel to Marine Avenue. Mr. Delicce indicated that they also clean the 32nd Street alley area monthly, even though it is not an FSE because it builds up with residential grease. He noted that they have to clean areas like this because there could be a blockage. He stated that the other monthly areas not mentioned include Balboa and Newport Piers. He reported Volume 56 - Page 1190 INDEX (100.2004) City of Newport Beach Study Session Minutes September 14, 2004 10961 /Y that the cleaning nozzles have spinning action that scours the line with about 2,000 psi of water. He noted that this emulsifies the grease so it floats down the line. He indicated that it is then separated at the plant. He reported that they also use root cutters about every other month. Mr. Kiff reported that about $2.2 million is spent on annual maintenance, which includes the hotspot program. Further, the CIP budget for this is about $1.6 million. He noted that this is currently paid for through the sewer rate, not the General Fund. He stated that most of the producers of fats, oils, and grease (FOG) are restaurants. He noted that Mr. Kinley conducted an inventory and reported that, of the 355 restaurants, 159 have the correct sized G1,40 have the wrong sized GI, 67 have operations that don't produce grease, and 89 don't have a GI but arguably have operations that need one. He reported that F.CIS inspects 200 restaurants three times a year; Mr. Kinley is the person who lifts the lids of 390 GIs to see how well it is being maintained; 156 restaurants are inspected twice a year; and Mr. Kinley's contract is about $22,0001year. He noted that an FSE includes supermarkets, the hospital, and large commercial kitchens. Mr. Kinley indicated that the City has about 320 "classic" restaurants. Mr. Kiff reported that the Waste Discharge Regturements (WDR) were initiated in 2002 by the Regional Water Quality and Control Board and noted that this applies to all the communities operating a collection system within Region No. 8. He stated that the WDR requires the City to look at its code to make sure the City has authority; have a strong maintenance and line replacement program; do something to limit the grease from FSEs; inspect and monitor, and establish a penalty system when appropriate. Council Member Nichols noted that 89 FSEs were grandfathered from having GIs. Mr. Kiff 'concurred and also pointed out that Mr. Kinley believes that 40 FSEs are 1producing more grease than the GI or the grease trap can handle. He'stated that'GIs could cost $50,000, depending on the availability of ,]and. Council Member. Nichols pointed out that newer restaurants are required to have a GI and, therefore, pay extra to get their trap cleaned out. He believed thit the FSEs. that don't have GIs are costing the community and the other restaurants money. Mr. Kiff reiterated that the City needs to make sure the code says that it can limit grease discharges that, cause blockages, prohibits discharges that cause a Sanitary Sewer Overflow (SSO), gives the City authority to do inspections and enforcement, and shows that the City is providing effective staffing. Mr. Kiff indicated that the regulators believe that an effective program means installing'a'grease, removal device like an interceptor, identifying sewer line hotspots, establishing cleaning frequencies, and implementing source control measures for hotapots. He stated that a restaurant program should entail best management practices (BMP), but noted that there are already established practices. He indicated that the City requires GIs for brand new restaurants or restaurants that will be doing a significant remodel or menu change that would cause increased grease activity into the system. Mr, Kiff added that the FSE program would also require proper maintenance of whatever is installed; a provision for exceptions; and an enforcement program. He stated that the City already has enforcement through Mr. Kinley and the Utilities Department. Regarding exceptions, there would be a variance for restaurants that didn't have the space to put the GIs in and a waiver when there is no significant FOG Volume 56 - Page 1191 City of Newport Beach Study Session Minutes September 14, 2004 `IIk10�1.1 produced. Mr. Kiff indicated that the regulatory and restaurant communities asked if there was a pretreatment product that uses microbes or bacteria to keep the grease in its soft Form. He stated that they have not Found a good material that does this yet; however, they would like the ordinance to take this type of pretreatment technology into consideration so the ordinance wouldn't have to be amended. Mr. Kiff reported that the WDR recommends that there be no Food grinders, no use of emulsifying additives that are not approved, no disposing of cooking oil into the drains, no discharge of wastewater from dishwashers, no toilet discharge, and no interceptor waste into the sewer system. Further, the WDR recommends requiring GIs For new and remodeled FSEs, adding that they arernot requiring this For older restaurants. Mr. Kiff stated that, if an FSE had a GI, the ordinance would just require them to conduct proper maintenance. He noted that the design requirements are established in the Uniform Plumbing Code (UPC). Mr. Kiff reported that the City needs to adopt a new ordinance to replace the existing water quality ordinance For FOGS. He added that they also want to work with the Restaurant Business Improvement District (BID) io_ ensure that they understand this and concur with where the City is headed. Further, they want to talk to the Coastal/Bay Water Quality Committee. He indicated that they hope to bring the ordinance to Council For first reading on October 26, along with a master Fee amendment. He reported that this needs to be in effect by .lanuary 1, 2005. Mr. Kiff agreed that some restaurants have ahieady paid their dues. Further, it is believed that the residents should not be °contributing to the hotspot program and it should be put directly onto the FSEs. He indicated that they recommend having a basic annual permit Fee.. However, if an FSE is in the hotspot, contributing to grease, and does not have a GI, the FSE would pay the cost of maintaining those lines. He clarified thai an FSE would only pay the cost For the City to inspect the GI if it had a working GI. He indicated that the Fee could be $20 to $700 a year, but it would cover the cost of the City administering the program and For the hotspot program. He reiterated that the FSEs will be charged the direct cost of the inspection and popping the lid on the GI. He noted that the City currently does this for free. He reported that this is traceable by the camera van. Council Member Nichols believed that the restaurants that are causing $2,000 to 53,000 a year in costs should pay the Fee because it's a direct cost to what they're doing. Mr. Kiff indicated that they are not sure if there is any one restaurant that generates that much cleaning cost. He emphasized that they are trying to avoid sewage spiils`Which the City could be fined $25,000 For if the Regional Board Finds that it was the City's'fault. Council Member Rosansky believed that the timing of the ordinance is tight and asked if this is enough time to work with the BID and other restaurants to come up with a plan that they're going to buy into. Mr. Kiff stated that they tried to leave a little bit of room in the timing; however, they could have first and second reading more consecutively than proposed. Noting that he is a restaurant owner, Council Member Rosansky indicated that he is sensitive to this and stated that this will cost restaurants a significant amount of money. Mr. Kiff indicated that, at a BID meeting a couple of years ago, staff introduced Mr. Kinley, let them know what was coming, and told them that the regulators were going to get tougher on Volume 56 - Page 1192 City of Newport Beach Study Session Minutes September 14, 2004 grease input into the system. INDEX Council Member Nichols noted that the City is going to require GIs for new businesses and remodels, but believed that the FSEs who don't want to put in GI: should pay their share. Dan Marcheano, owner of the Arches Restaurant and President of the Restaurant BID, asked why they were not informed about the meeting. City Manager Bludau indicated that Senior Planner Trimble had a telephone conversation with him. Mr. Marcheano stated that this occurred about 1% weeks ago and he was told that Mr. Trimble would get back to him. He pointed out that business went down about 30% after 9/11 and only now are they starting to get back,tti where they were. He stated that the City wants to go after the old restaurants in the community that had nothing to do with previous Councils' decisions to keep opening restaurants in the City. He pointed out that the pie keeps getting smaller and now the City wants to impose something on the old restaurants that .made this community popular. He noted that it is the independent restaurants that help out school, hospital, or charity events, and asked if they want each of the restaurants to stop spending $2,000 to $4,000 a year on this. Council Member Nichols noted that he has been in the pollution control business for 30 years. He stated that when he finds a massive polluter who is costing a lot of money to clean up the sewers, that person or group pays the fee. Mr. Marcheano agreed that the City should go after any individual who is continuously polluting on purpose. Council Member Nichols proposed that some areas under City streets or alleys be used for Gla He added that $50,000 is just 1% a month on investment and that, if this is`e requirement, it is required by everyone and not just the City. Mr. Marcheano noted that now the chain restaurants want to come into Newport Beach after all the old- timers have done their due diligence to build up a great restaurant community reputation. He emphasized that the City can't keep opening restaurants and building houses and apartment complexes, and then come to the older restaurants. He noted that they've already paid for the machines that clean the pipes. Mayor Ridgeway pointed out that the last paragraph of the staff report states that the City will not be imposing`Tetroactivity on the older restaurants. He stated that this deals with a. maintenance charge and not a retrofit of a $50,000 interceptor':_ He noted that if you have a GI, the FSE would only have to pay for the cost of`tlie inspection. However, if you are in the hotspot and you do not have a GI, it could coat $700 to $800 a year per FSE. He reported that the hotspots are currently being paid for by the residential community, believing that this is probably not a�proper charge to all the rate payers. He emphasized that this process is mandated by the Regional Board and not the City. He reported that this is due to the SSOs and that this has been worked on by the 34 cities, the Sanitation District, and the Utilities Department. He believed that this is a fair and equitable sharing of the cost for maintenance. Mr. Marcheano indicated that he does not have a problem with being inspected, but believed that it is unfair to have them pick up the charge for the inspection. He added that the inspection should be done through an appointment process Volume 56 - page 1193 City of Newport Beach Study Session Minutes September 14, 2004 until everyone knows each other. Further, the inspector should only work with designated people. Mr. Kiff stated that they do ratchet back the number of inspections and inspection costs for restaurants that are being a good partner with the City. He reported that it is challenging for the restaurant and Mr. Kinley to conduct the inspection during a workday and for Mr. Kinley to manage his time to go to as many restaurants as possible. He indicated that he is happy to work with Mr. Marcheano and the BID to make sure the concept of interacting with key staff is worked into Mr. Kinley's regiment. Council Member Rosansky emphasized that there needs to be dialogue with restaurant owners to make sure that the pfogram is also workable for them. Noting that the general sewer fund pays for the inspections.', Council Member Rosansky asked if the commercial businesses and restaurants pay a higher rate /fee. Administrative Manager Deutsch stated that there 'is an additional charge on large -sized water meters, regardless if it is a restaurant. commercial; establishment, or school since they are producing additional flows into the sewer system. + Mayor Ridgeway believed that now is the opportune time forMr. Riff, Mr. Kinley, and staff to get together again with the BID so we can get an, ordinance the BID would endorse. Mr. Marcheano indicated that he cannot ahead the October 26 meeting because the City is involved with. a fundraiser with the First Marine Division, First Brigade. Further, the ' ,ove, ba 23. meeting falls during a major holiday season for restaurants and he is also turning 65 years old. Management Assistant Moritz reported that-the WDR requires that the City have established legal authority to enforce whatever programs the City has in place by December 31 to allow them to have an ordinance active on January 1, 2005. Mr. Marcheano believed that they could work together on it and that the BID will give all the cooperation the City needs. -He- noted that one of his issues is about inspections believed that every restaurant should give the City the name of at least thr4people to contact. He took issue with the fees because of the amount of taxes they already pey, and because of the downfall after 9/11. Council Member Webb 6tated that a working group probably needs to be set up sooner than later to try'to go through every item. He noted that this comes up every few "ears. 3. SUNSET RIDGE PARK UPDATE. City Manager Bludau reported that staff has an appointment next Monday with Ms. Quon who is the District Director of Caltrans. Council Member Rosansky indicated that this item can be continued to September 28. PUBLIC COMMENTS —None. ADJOURNMENT — at 5:25 p.m. to Closed Session. Volume 56 - Page 1194 INDEX (100 -2004) City of Newport Beach Study Session Minutes September 14, 2004 The agenda for the Study Session was posted on September 9, 2004, at 9:00 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The amended agenda for the Study Session was posted on September 10, 2004, at 1:00 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 1195 INIII CITY OF NEWPORT BEACH City Council Minutes /� � Regular Meeting DR/��"' C September 14, 2004 - 7:00 p.m. INDEX STUDY SESSION— 4:30 p.m. CLOSED SESSION — 5:30 p.m. tttttttttt * +errttttt A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: District 4 (vacant) C. CLOSED SESSION REPORT - Mayor Ridgeway announced that the City Council approved a traffic cooperation agreement with the Scholle Corporation. The Scholle Corporation has agreed to contribute an amount not to exceed $396,000 to the City of Newport Beach's traffic and infrastructure fund. The agreement was reached to settle City of Newport Beach's legal challenges to the environmental document used to approve the proposed development of a 486,500 square foot commercial/retail project in the City of Irvine. The project is located on Jamboree and Fairchild Roads within 1,000 feet of Newport Beach's city border. The agreement, once finalized, will be available in the City Clerk's office. D. PLEDGE OF ALLEGIANCE — Council Member Rosansky E. INVOCATION — None F. Presentation by Aaron Israel, Chairman of the Youth Council, on the State of the City's Youth. Mr. Israel stated that the past year has brought challenges to the young people who reside in Newport Beach and they have confronted these challenges not as obstacles, but as opportunities. He noted that an overwhelmingly high percentage of the high school students in Newport Beach have plans to attend four -year universities. He stated that the students in Newport Beach understand the value of hard work and a bright future and for this reason, they will continue to surpass limits of expectation. He listed some of the programs and activities that students are participating in. In closing, Mr. Israel thanked the City Council for their support of the Youth Council. Mayor Ridgeway complimented Mr. Israel on his report and stated that it has been a pleasure to work with him. G. REORGANIZATION 1. ELECTION OF MAYOR PRO TEM DUE TO RESIGNATION OF Volume 56 - Page 1196 (No report] City of Newport Beach City Council Minutes September 14, 2004 INDEX MAYOR PRO TEM ADAMS EFFECTIVE SEPTEMBER 1, 2004. Mayor Ridgeway placed all members of the City Council on an equal basis to nominate and elect. He opened the nominations for Mayor Pro Tem. Council Member Webb nominated Council Member Bromberg. Council Member Nichols asked if it would be better to wait to elect the Mayor Pro Tem until after the appointment of the new District 4 council member is made. Council Member Rosansky noted that there is no guarantee that the City Council will successfully complete an appointment for the vacant District 4 seat, and that it could go to a special election. Council Member Nichols stated that he would only suggest that the election of the Mayor Pro Tem be postponed until the special meeting to be held on September 21, 2004. City Clerk Harkless stated that the Charter is not specific on timing and doesn't address Mayor Pro Tem appointments caused by resignations. Acting City Attorney Clauson added that there is no prohibition on the City Council taking action at the current meeting. Council Member Rosansky confirmed that the Mayor Pro Tem serves at the City Council's pleasure and that a new one can be appointed if the City Council decides to do so. Mayor Ridgeway noted that the appointment is for the duration of the existing appointment, which is until the first meeting in December of 2004. Motion by Mayor Ridgeway to close nominations. Council Member Bromberg was elected as Mayor Pro Tem by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Bromberg, Webb, Nichols Noes: None Abstain: None Absent: None 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 (NON- DISCUSSION ITEM) — None J. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 24, 2004. Waive reading of subject minutes, Volume 56 - Page 1197 City of Newport Beach City Council Minutes September 14, 2004 IiNIT�►/ approve as written and order filed. 3. 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. ORDINANCES FOR INTRODUCTION 4. REVISION OF PARKING METER ZONE IN MARINERS VILLAGE. (100 -2004) Introduce Ordinance No. 2004 -20 to amend Parking Meter Zone 2 in Municipal Code Section 12.44.020 to add the "Northerly side of Avon Street from Riverside Avenue to 150 feet westerly "; and to amend Section 12.44.040 to establish fees for parking meters on Avon Street. 5. RESOLUTION OF INTENTION AND ORDINANCE TO APPROVE C -563 AN AMENDMENT TO PERS CONTRACT TO PROVIDE PRE- Public RETIREMENT OPTIONAL SETTLEMENT DEATH BENEFIT TO Employees MISCELLANEOUS EMPLOYEES. 1) Adopt Resolution No. 2004 -81 a Retirement Resolution of Intention to approve an amendment to the contract System between the Board of Administration, California Public Employees' (PERS) Contract Retirement System and the City Council of the City of Newport Beach; (38/100 -2004) and 2) introduce Ordinance No. 2004 -21 authorizing an amendment to the contract between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees Retirement System and pass to second reading on October 12, 2004. ORDINANCES FOR ADOPTION 6. Item removed from the Consent Calendar by Council Member Heffernan. 7. Item removed from the Consent Calendar by Council Member Nichols. RESOLUTION FOR ADOPTION 8. ADOPT RESOLUTION TO ESTABLISH NO PARKING (100 -2004) RESTRICTIONS FOR STREET SWEEPING. Adopt Resolution No. 2004 -82 establishing NO PARKING restrictions for street sweeping along segments of Superior Avenue, 151h Street, Rutland Road, and Bedford Lane; and rescind Resolution No. 2004 -04. CONTRACTS AND AGREEMENTS 9. WEST NEWPORT / MARINE AVENUE STREETLIGHT C -3697 REPLACEMENT /STREETS CAPE IMPROVEMENTS — AWARD OF West Newport/ CONTRACT (C- 3697). 1) Determine that the project is exempt from Marine Avenue environmental review pursuant to Section 15302 of the California Streetlight Environmental Quality Act Implementing Guidelines; 2) approve the Replacement/ plans and specifications; 3) award C -3697 to Moore Electrical Contracting Streetscape for the total bid price of $466,582.20 and authorize the Mayor and the Improvements City Clerk to execute the contract; 4) establish an amount of $46,000 to (38/100 -2004) cover the cost of unforeseen work; and 5) approve a budget amendment Volume 56 - Page 1198 City of Newport Beach City Council Minutes September 14, 2004 (05BA -011) transferring $12,649.20 from Account No. 7295- C5100570 to Account No. 7295- C5300035 and appropriating $99,593 from Unappropriated General Fund, 010 -3605, to Account No. 7013- C5300035, Streetlight Replacement Program, and $31,577.84 from Unappropriated General Fund, 010 -3605, to Account No. 7014- C5100717, Marine Avenue Streetscape Improvements. 10. MEMORANDUM OF UNDERSTANDING (MOU) WITH ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS AND BUDGET AMENDMENT TO PROVIDE FUNDS FOR NEW EQUIPMENT. 1) Approve the MOU; 2) approve a budget amendment (05BA -012) transferring funds in the following amounts from the unappropriated General Fund Reserve: a) $20,000 to 2360 -7072 ANBOL Sunglasses; b) $27,780 to 2360 -8200 Special Department Supplies; and c) $15,190 to 2360 -8204 Uniforms. 11. NEWPORT ISLAND CIRCULATION UNIT EVALUATION — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. Approve a Professional Services Agreement with Everest International Consultants, Inc. (EIC) of Long Beach for analyzing circulation requirements for the Newport Island Channels at a contract price of $18,500 and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS ACTIONS 12. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCY. Fill current EDC vacancy by appointing Mr. Jim Donnell as "Fashion Island' representative. 13. BUDGET AMENDMENT FOR THE PURCHASE OF REPLACEMENT VEHICLE. Authorize the purchase of a vehicle for an estimated cost of $19,000; and approve a budget amendment (05BA -013) transferring $19,000 from unappropriated Internal Service Fund reserves to the General Services Department Account 6120 -9100 to fund the cost to purchase this unit. 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM PROLITERACY, NEWPORT/MESA AND TRANSFER FUNDS TO SALARY AND BENEFITS ACCOUNTS FOR LITERACY SERVICES. Approve a budget amendment (05BA -010) in the amount of $10,000 in 4010 -5901, Private Donations /Contributions, and increasing salary and benefit expenditure estimates by $10,000 in Division 4060, Literacy. 15. Item removed from the Consent Calendar by Council Member Nichols. 16. APPOINTMENTS TO FILL VACANT POSITIONS ON VARIOUS COMMITTEES CREATED BY THE RESIGNATION OF MAYOR PRO TEM ADAMS. Confirm the appointment of Council Member Bromberg as the Chair for the Ad Hoc General Plan Update Committee; and Council Member Webb as the representative and Council Member Volume 56 - Page 1199 INDEX C -2058 MOU Association of Newport Beach Ocean Lifeguards (38/100 -2004) C -3730 Newport Island Circulation Unit Evaluation (38/100 -2004) (100 -2004) (100 -2004) (100 -2004) (100 -2004) (100 -2004) City of Newport Beach City Council Minutes September 14, 2004 Heffernan as the alternate to the San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors. City Clerk Harkless announced that, in addition to the above action, Mayor Ridgeway named Council Member Heffernan as the ex officio member of the Corona del Mar Traffic Mitigation Committee. 17. ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS ALONG GRANT STREET AND HIGHLAND STREET FRONTAGES — 7000 AND 7012 WEST COAST HIGHWAY. 1) Direct staff to utilize the procedures set forth in The Improvement Act of 1911, Chapter 27, Construction of Sidewalks and Curbs, of the California Streets and Highways Code, Construction of Sidewalks and Curbs, to cause the construction of public frontage improvements to be made by Owners; 2) order the installation of frontage improvements on Grant and Highland Streets, adjacent to 7000 and 7012 West Coast Highway; 3) set October 12, 2004 as the date of the public hearing; and 4) direct the Superintendent. of Streets to Notice the Owners of the public hearing and the order of construction. 18. 2006 CITY CENTENNIAL CELEBRATION — LOGO SELECTION. Approve the recommendations of the Centennial Committee regarding the selection of a corporate logo for the Centennial and a logo for merchandising opportunities. 19. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255) (contd. from 5/11/04, 6/8/04, 7/13/04 & 7/27/04). Continue to 10/12/04. S24. AMENDED AND RESTATED LEASE BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE BALBOA PERFORMING ARTS THEATER FOUNDATION — BALBOA THEATER — 707 EAST BALBOA BOULEVARD. Approve and authorize the Mayor and City Clerk to execute the Amended and Restated Lease. Motion by Mayor Pro Tern Bromber¢ to approve the Consent Calendar, except for those items removed (6, 7 and 15). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None K. PUBLIC HEARINGS 20. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO DIRECT DISPOSAL, INC. City Manager Bludau stated that the City has 23 such existing non- exclusive solid waste franchises. Volume 56 - Page 1200 01 (100 -2004) (100 -2004) (100 -2004) C -3248 Balboa Performing Arts Theater (38 /100 -2004) Solid Waste Franchise (42/100 -2004) City of Newport Beach City Council Minutes September 14, 2004 INDEX Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Webb to adopt Ordinance No. 2004 -17 granting a Non - exclusive Solid Waste Franchise to Direct Disposal, Inc. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None L. PUBLIC COMMENTS Stuart McKenzie referred to Measure L and suggested that people go to the area and take a look at the property. He stated that it's a nice place and if a hotel is put in, the people will lose it. Secondly, Mr. McKenzie thanked the City for the work done in Balboa Village. Dan Fitzpatrick expressed his dissatisfaction with the repaving job in Corona del Mar. He specifically stated that the intersection at Marguerite and 5th was turned to dust on August 27, 2004, and remains so today. He stated that the intersection shouldn't have been torn up so early or should have been closed like some of the other intersections in the area. He stated that the dust is causing damage to residents' property and that the City must not have any control over the contractor. He presented photos showing the dust on his possessions. Public Works Director Badum stated that Marguerite and 5th is scheduled to be paved on September 15, 2004, and that, unfortunately, a total retrofit had to be done. He noted that the contractor is being charged $500 per day for each day that they're behind schedule, and that the City is doing everything possible. Residents are also being extended an offer to have any necessary cleaning done and paid for by the contractor. Robert Walchli agreed with the comments of the previous speaker and stated that Waterfront also needs to be repaved. Additionally, he noted that it appears that an undergrounding of utilities was recently done on Bayside and that the road was not properly fixed. Mr. Walchli stated that AQMD Rule 402 addresses nuisance dust, but that it is not being enforced and there continues to be dust problems throughout the City. He requested that the City take action. Council Member Webb noted that he already reported the two trench patches on Bayside to the Public Works Director. Council Member Nichols stated that three to four streets have been paved in Corona del Mar and thought more were going to be done, but he did agree that 5th is taking longer than he had hoped. He also felt that too big of an area is being worked on, which is impeding access by residents Volume 56 - Page 1201 City of Newport Beach City Council Minutes September 14, 2004 to their homes. Dolores Otting, as the EQAC membership chairperson, announced that several people have resigned from EQAC. She encouraged those that want to participate in the community to fill out an application. Secondly, Ms. Otting stated than Item No. 1 of the current meeting agenda should have been open to the public for comments. Thirdly, she asked if it was American Asphalt that was doing the work in Corona del Mar, and noted that they did substandard work on San Miguel and Jamboree also. She expressed her understanding that contracts are awarded to the lowest bidder, but stated that the City needs to look at the specifications. Dick Souka agreed with the comments of Mr. Fitzpatrick and stated that they did talk with Public Works and the situation did improve. He stated that something should be learned from the fiasco with the paving of the streets in Corona del Mar. He understood that the lowest bidder has to be used, but felt that something could be done to mitigate the dust and inconvenience.. He noted that the use of water really helped with the dust, but that it needed to be done more often. Mr. Souka couldn't understand why the pavement was taken out at Marguerite and 5t° so early. Jim Hildreth displayed a pair of women's underwear that was thrown into his car and hoped that the police would find out who it belonged to. Secondly, he displayed a piece of the Balboa Island bridge and noted that some glue might be needed. Thirdly, Mr. Hildreth displayed a newspaper article that included a picture of a two-story structure, which he stated is actually a three-story structure and that he thought there was a moratorium on three-story structures in the City. Lastly, Mr. Hildreth stated that the structures in the Grand Canal are access structures and that there are no piers in the Grand Canal. William Scott stated that a property located in the 2200 block of Newport Boulevard was sold and that the new landlord has elected to evict the bait boat from that site. He stated that there is no place for the bait boat to go and noted that it supplies the live bait for Newport Harbor. He requested that the City Council become involved. Steven Greshock stated that he has been supplying all of the live bait for Newport Beach for 26 years and that during that time, he has always been able to find a place or a slip for his boat, until now. He stated that he has a mooring for the bait barge, but no place to tie up. He listed some possible options and asked the City Council to agendize the item or help him in some way, so that he can stay in the harbor. Larry Porter stated that there was an oversight in the EIR concerning the water supply in relationship to the Marinapark hotel. He explained that in January of 2004, the Orange County Water District voted to reduce the water available to its members, and that the Colorado River is low and the State water project is less reliable. Mr. Porter stated that the hotel project will take more water than the existing use of the trailers or if the property were converted to a park. He stated that this will jeopardize the citizens right to their availability of water. Mr. Porter Volume 56 - Page 1202 City of Newport Beach City Council Minutes September 14, 2004 INDEX stated that the citizens should vote "no' on Measure L. Mayor Ridgeway requested that the City Manager work with the Harbor Resources Division on the issue raised regarding the bait boat, and try to find a year -round mooring for a bait barge. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Commnittee (GPUC). No report. Status report — Local Coastal Program (LCP) Certification Committee. In response to a couple of articles in the Daily Pilot, Mayor Ridgeway stated that there were opportunities for everybody to participate in the LCP process. He listed the public meetings there were held and the notices that were sent. Status report — Newport Coast Advisory Commnittee (NCAC). Council Member Heffernan reported that the NCAC met on September 13, 2004. He stated that the items discussed included a review of how the newly - completed Newport Coast Elementary School loop road worked during the first week of school and, in general, it was felt that it helped the situation. It was decided to hold off on the diversion of construction traffic on Ridge Park Drive. The floor plan for the proposed community center and the plantings on Newport Coast Drive were also discussed, but neither was resolved. Lastly, Council Member Heffernan reported that the assessment district relief was also discussed. He stated that it's a complicated issue and that slow progress is being made. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. No report. Status report — Other Committee Activities. Council Member Webb reported that the City Centennial 2006 Committee has begun planning for the centennial. He noted that the Consent Calendar approval earlier in the current meeting included an approval for two logos, one to be used on business cards and letterhead and another to use on commemorative items (Item No. 18). Mayor Pro Tem Bromberg announced that the Aviation Committee will be meeting on October 4, 2004, at 8:30 a.m. at the Friends Room at the Central Library. Council Member Rosansky announced that September 18, 2004, is Coastal Clean - Up Day, and that a presentation would be held at the Muth Interpretive Center. He stated that members of the Adopt -A -Beach program will receive recognition plaques as a part of the ceremonies. Mayor Ridgeway announced that he recently went to Washington, D.C. with Supervisor Silva and several others to attempt to obtain money for the Upper Newport Bay dredge. He explained that it's a $38 million project that was approved by Congress in 2000, but they have yet to allocate the money. He stated that the City has set aside $13.5 million, but the Federal government hasn't put aside their $24.5 million. Mayor Ridgeway stated that if $5 million can be obtained that it, combined with the City's $13.5 million, will allow the project to begin in Spring of 2005. He further explained that the project will Volume 56 - Page 1203 City of Newport Beach City Council Minutes September 14, 2004 entail the removal of two million cubic yards of silt and has been mandated by the Federal government. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 21. PLANNING COMMISSION AGENDA FOR SEPTEMBER 9, 2004. Planning Director Temple stated that the agenda included five items, one of which was the minutes. Of the remaining four, three were continued. The one item that the Planning Commission did take action on was the initiation of a code amendment to the Santa Ana Heights Specific Plan. The item will return to the Planning Commission for a public hearing. 22. ZONING AMENDMENT /GROUP LIVING USES (contd. from 8/24/04). Mayor Ridgeway announced that the proposed ordinance has been before the City Council at two previous meetings. The only issue that the City Council will be considering at the current meeting is the introduction of the proposed ordinance. He stated that public comments should be limited to the ordinance provisions only- Comments regarding any individual operating group home, or the City's enforcement or lack of enforcement of existing ordinances will not be considered. He noted that there have already been opportunities for the public to comment on the ordinance, and he requested that comments at the current meeting be limited to the current amendments and that prior testimony not be repeated. Council Member Heffernan confirmed that the action at the current meeting is the first reading and re- introduction of the proposed ordinance. He asked if the whole ordinance is subject to discussion. Acting City Attorney Clauson responded in the affirmative and stated that it is just hoped that previous comments won't be repeated. Mayor Ridgeway noted that it's the third time that there's been a first reading of the proposed ordinance and there were few changes from the previous first reading. He stated that minor modifications were made as the result of a letter that was received from a national organization representing the group homes threatening a lawsuit. Jon Stearman, Narconon Southern California, stated that a couple of items in the proposed ordinance still need to be looked at. He noted that the proposed ordinance does not permit general care residential homes in the Residential - Agricultural (R -A) districts. He asked that this be reconsidered, since it is allowed in the City's current codes. In response to Mayor Ridgeway's question, Assistant City Manager Wood stated R -A districts exist in the Santa Ana Heights area. Acting City Attorney Clauson added that the previous definition of group living uses has been changed throughout the proposed ordinance. She stated that as long as a group home is living together as a single housekeeping unit, Volume 56 - Page 1204 INDEX (100 -2004) (100 -2004) City of Newport Beach City Council Minutes September 14, 2004 INDEX there isn't a prohibition on these types of facilities within the R -A districts. In any situation, the Federal Exception Permit (FEP) would apply if reasonable accommodation were needed. Acting City Attorney Clauson stated that staff is comfortable with the proposed ordinance the way it is drafted. Mr. Stearman stated that another remaining issue is the addition of the phrase "and prohibitions against assembly uses" in Section 11. He stated that he couldn't Find a definition in the proposed ordinance for "assembly". Acting City Attorney Clauson stated that the provision that was added only applies to situations where an application has been made for an FEP, and the group is not living together as a single housekeeping unit but would like reasonable accommodation. She stated that the definition of "assembly use" was not included because it would depend upon what the application for the FEP was. It would also be a part of the reasonable accommodation process to work with the applicant on the request. Mayor Ridgeway confirmed with the Acting City Attorney that it is then a discretionary item. Mr. Stearman stated that if it is to be discretionary, then it should apply to all types of conditional use permits. He stated that otherwise, it is a violation of the Bill of Rights. Acting City Attorney Clauson stated that it isn't discretionary in the same sense as a use permit, and assembly uses are generally not allowed in residential districts. Robert Walchli asked why an investigation hasn't been done as to why Narconon and the other rehabilitation facilities have chosen to operate drug and alcohol rehabilitation facilities in the middle of a party, alcohol and drug zone. Mr. Walchli questioned having a community of alcoholics and drug addicts living within the existing community's midst, and stated that group homes can destroy property values. He stated that the City needs to lead the way by enacting legislation at the State and Federal level to protect residents from the rehabilitation facilities. Lastly, Mr. Walchli expressed his concern for a new law regarding granny flats and how it might turn R -1 and R -1.5 zones into potential districts for group homes. Mayor Ridgeway clarified that someone in recovery is protected by Federal law, as long as they are abstinent. Tim Chapman followed up on Mr. Stearman's comments about the prohibition against assembly uses. He stated that it's discriminatory because it would be difficult to have even a six-bed home without some type of assembly occurring. He suggested that it be removed. Dr. Linda Orozco stated that it's been a year since she spoke to the City Council to complain about the issues, problems and violations of zoning and occupancy by Narconon in her neighborhood. She stated that the problems continue. Dr. Orozco stated that Narconon's website indicates that 88% of its clients are from out of state, yet California originally allowed residences to be used as treatment centers to address local needs. She stated that other cities have shown great leadership and enforce Volume 56 - Page 1205 City of Newport Beach City Council Minutes September 14, 2004 conditional use permits. She asked the City Council to look closely at the proposed ordinance and to apply the laws fairly. Frank McGeoy stated that there is still a great deal of misunderstanding and clarified that recovery homes are for people who abstain from drugs and alcohol. Additional, he noted that the out of state percentage of people who use vacation rentals might be similar to that of Narconon's clients, and that the City invites people from out of state. Mr. McGeoy stated that the letter referred to earlier by Mayor Ridgeway should be taken seriously and that several illegalities in the proposed ordinance are presented. Alan Paksed stated that he has been staying in Narconon for the past seven months and feels that there is a vendetta from the neighborhood towards Narconon. He stated that everything is clean at the facility and it is very organized. He felt that the problems are a thing of the past and that people are complaining about things that don't exist. Mr. Paksed stated that the facility's location offers a spiritual place for people to recover and that there should be more compassion. Eric Cattel asked what the findings for approval are for FEP's. He referred to Section 10 of the proposed ordinance and the phrase, "but are not necessarily limited to" and stated that it seems a bit vague. Additionally, he referred to Section 11 and stated that it would be expected that the City would apply the same conditions of approval to use and variance permits. He also felt that the addition of the prohibition against assembly uses was vague. Acting City Attorney Clauson stated that the sentence referred to in Section 10 also includes the phrase, "to the extent authorized by law" and explained that the listing of findings can be expanded upon depending on the accommodation being requested. Mayor Pro Tem Bromberg stated that the City has done its due diligence. Motion by Mayor Pro Tern BromberE to re- introduce Ordinance No. 2004 -16 amending the Zoning Code and pass to second reading on September 28, 2004. Council Member Nichols stated that he's not sure what's being accomplished with the proposed ordinance and that the City is better off with the current codes. He felt that it would be better to have the group homes sign up with the State and use those codes for enforcement. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: None P. CURRENT BUSINESS Volume 56 - Page 1206 INDEX City of Newport Beach City Council Minutes September 14, 2004 23. ANALYSIS OF POLICE OPERATIONS - JULY 4, 2004. [Taken out of order]. Police Chief McDonell stated that the changes made by the City Council in 2003 in terms of the Safety Enhancement Zone and related ordinances, were positive for the City in 2003 and that this continued in 2004. He noted that four officer tactical teams were assigned to nearly every street in the Safety Enhancement Zone and early contact was initiated with the people on the streets. Chief McDonell stated that there were fewer incidences in 2004 than in 2003, but suggested that the Safety Enhancement Zone area be expanded in 2005 due to the activity that occurred outside the zone. He stated that staff will look at it and possibly come back to the City Council with some recommendations for modifications. Chief McDonell stated that the use of portable lighting, portable restrooms and trash receptacles all helped to bring order. He listed some of the other minor changes that were made that were also positive. He stated that arrests and citations were slightly higher in 2004 than 2003, but still down from 2002. Chief McDonell stated that planning is already underway for next year, and that there is still a concern for the potential of severe consequences. He thanked the other departments that provided assistance, which included General Services, Fire and Building. In conclusion, he recommended that similar strategies be implemented in 2005. Mayor Ridgeway confirmed that the Safety Enhancement Zone encompasses 32nd to 56th Streets, and noted that there was a severe incident on 25th Street this year. He agreed that expanding the Safety Enhancement Zone should be considered. Chief McDonell showed a ten - minute video of the activities from July 4, 2004. At the conclusion, he stated that it illustrates the tone of the day, which includes a lot of people, a lot of alcohol, and a number of citations and arrests. He noted that the overall tenor of the crowd was within tolerance, however. Council Member Heffernan noted that approximately $160,000 was spent on July 4th this year, up from approximately $85,000 a few years ago. He stated that it's a civic function, but serious crimes and the party atmosphere still exist. Chief McDonell agreed that it is costing more, but stated that the number of arrests have decreased nearly 30% from 2002 and the additional staffing has helped to maintain control. He additionally noted that a phenomenon in West Newport is the high number of rentals and a residential neighborhood with no commercial zone. He explained that a commercial zone in the area would allow the City to close an area or change its character. Council Member Heffernan agreed and stated that it's a cost of doing business and provides a sense of safety for the residents and participants. He complimented the Police Department on doing a good job. Mayor Pro Tem Bromberg also complimented the Police Department and noted that the situation on the 4th of July has improved greatly in the last Volume 56 - Page 1207 INDEX (100 -2004) City of Newport Beach City Council Minutes September 14, 2004 couple of years. Robert Walchli stated that the City has made progress in containing the "war zone ", but that part of the funding is coming from the residents in Corona del Mar. He suggested that a special assessment district be considered to cover some of the costs. He also felt that shutting down the area to nonresidents should be considered. Mr. Walchli additionally noted that there was a lack of police presence in Corona del Mar on the 4th of July. He requested that additional staffing be funded in 2005 to curtail any serious problems. He noted the current gang problem in the area. CONTINUED BUSINESS (continued) 525. PARAMETERS FOR CONDUCTING DISTRICT 4 COUNCIL CANDIDATE INTERVIEWS AND THE SELECTION OF A NEW COUNCIL MEMBER. Mayor Ridgeway requested that the interviews be conducted at 6:30 p.m. on September 21, 2004, instead of 6:00 p.m. Council Member Rosansky noted that there are nine applicants, which would mean that the interviews would take 4 % hours. Mayor Ridgeway noted that not all of those interviewed will take the full time allotted. Mayor Pro Tem Bromberg agreed. After a brief discussion, it was decided that 6:30 p.m. would be start time for the meeting. Council Member Rosansky referred to procedure "E" in the staff report and stated that he disagrees with eliminating candidates who get one vote. He provided several vote scenarios and stated that it wouldn't make sense to eliminate candidates who get one vote. Mayor Ridgeway agreed that possibly in the first round of votes, those with one vote should not be eliminated. Mayor Pro Tem Bromberg asked if it would be appropriate to modify the procedures at the meeting of September 21, 2004, if the circumstances warranted it. Acting City Attorney Clauson suggested that it would be better not to change the voting procedure during the vote procedure. She stated that Council Member Rosansky's suggestion might work to eliminate those with zero votes and in the event that at least two candidates do not get two or more votes, that those getting one vote would be eliminated. Council Member Rosansky stated that he would like to have the flexibility of keeping the candidates that receive one vote in the first rounds. He noted that the applicant pool is a quality pool and he expects the votes to be split. Volume 56 - Page 1208 M"117�1 District 4 Council Member Resignation (33/100 -2004) City of Newport Beach City Council Minutes September 14, 2004 In response to Mayor Pro Tem Bromberg's question, Acting City Attorney Clauson stated that it would be appropriate to modify the voting procedures at the meeting of September 21, 2004, if the voting is to be continued to the meeting of September 28, 2004. Motion by Council Member Rosanskv to eliminate any applicants receiving zero votes in any round of voting, to eliminate the remaining applicants if two applicants receive five or more votes collectively and a confirmation of the balance of the procedures, as outlined in the staff report. Mayor Pro Tem Bromberg confirmed that when interviews were conducted in October 2003 for the vacancy in District 2, there was not a procedure to eliminate. Mayor Ridgeway stated that he doesn't want to limit the pool, but that he also foresees a split on the votes. Mayor Pro Tem Bromberg agreed that four votes for any one applicant on the first round would be unlikely, and that some elimination procedure should be established. Dolores Otting stated that the appointment process has already been done before and that it worked. She asked if these new procedures would be used in the future and become policy, or if the rules would be changed for every appointment. Council Member Nichols explained that an elimination procedure wasn't needed in October 2003. Mayor Pro Tem Bromberg added that these procedures are being established for the interviews to be conducted on September 21st only. Ms. Otting stated that she disagrees with using the appointment process and would prefer that an election be conducted. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Q. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES — CODE AMENDMENT NO. 2004 -002 (PA2004 -028). Council Member Heffernan stated that his main concern continues to be that the majority of the council members that call up an item for review can be the same majority that appoints the planning commissioners, Volume 56 - Page 1209 INDEX (100 -2004) City of Newport Beach City Council Minutes September 14, 2004 ION ITS►/ which could result in few call ups because of similar viewpoints. He stated that it's setting a dangerous precedent, particularly since the Planning Commission doesn't have the same rule. He explained that one commissioner can call up an item for review. Lastly, Council Member Heffernan stated that call ups can often illuminate a policy, which can be done more easily with the current policy. Mayor Pro Tem Bromberg stated that the Planning Commission functions differently and shouldn't be included in the proposed ordinance. Additionally, he noted that a simple majority vote is intended to ensure that decisions are not subject to additional review unless there is substantial concern or interest on the part of the City Council. Mayor Pro Tem Bromberg stated that it's not fair to the applicants to call up items without substantial concern. Motion by Mayor Pro Tem Brombere to adopt Ordinance No. 2004 -18 approving Code Amendment No. 2004 -002. Council Member Nichols stated that mistakes have been made. He noted the 40 houses that were approved that were out of zoning, and stated that such issues should be discussed publicly. Council Member Nichols expressed his support for keeping a single member call up and didn't feel that it had been overused. Specifically, he stated that his call ups have been justified. Mayor Pro Tem Bromberg agreed, but that if a majority of the City Council doesn't feel that a matter is worthwhile to call up, he stated that venting is all that occurs. Council Member Nichols asked how he could spontaneously get his point across at a City Council meeting to get a majority opinion. Mayor Pro Tem Bromberg stated that it could be done during City Council announcements or when the Planning Commission report is given. He didn't know if a Council policy should be established to outline the procedure. Council Member Nichols stated that, for example, he had some questions on the Getz houses, but that the items weren't on the Planning Commission agenda. He asked how he would bring those matters up. Mayor Ridgeway stated that the Getz issue was handled through the City Manager and legal counsel. City Manager Bludau added that it was also an agendized item. Council Member Nichols stated that specific houses were not a part of the item. City Manager Bludau stated that the policy as to what would be allowed and what wouldn't was the issue before the City Council. Council Member Nichols stated that some of the houses have never been brought back for a vote, and that they do not meet code. Mayor Ridgeway stated that the policy included some exceptions. He stated that it was a separate legal issue and beyond the jurisdiction of a Volume 56 - Page 1210 City of Newport Beach City Council Minutes September 14, 2004 call up. Council Member Heffernan stated that in this instance, the City Manager should be contacted to request that the matter be agendized. Acting City Attorney Clauson agreed and stated that it would be different than the call up to review a decision by a lower body. She stated that the call up procedure should not be used for general problems with the zoning code or how its applied. She stated that during the Planning Commission report would probably be the most appropriate time to call up an item for review, and during Council announcements might be the most appropriate time to agendize general issues. Mayor Pro Tem Bromberg stated that a mechanism needs to be developed for calling up items for review. Assistant City Manager Wood stated that staff will develop a mechanism for City Council consideration. City Clerk Harkless added that the agenda does include call ups, but that it will need to be expanded to include modification and Planning Director decisions. Dolores Otting stated that there's nothing wrong with the current procedure. She noted that the proposed procedure is flawed in that it would require discussion by the City Council prior to a vote to call up an item for review. She stated that this can't be done because the matter wouldn't have been agendized. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: Heffernan Abstain: None Absent: None SMOKING ON PIERS AND BEACHES. Council Member Nichols stated that he has received and reviewed a good deal of literature, and that the statistical significance of the effect of secondhand smoke on the basis of a closed room is barely provable. Outside, there is no evidence that this would be true and certainly not in an outside gathering where the individual is not a party to the party that is smoking. He stated that banning smoking to protect the nonsmoker is not supported by any evidence. Council Member Nichols stated that smoking on the beach should also be compared to the smoking caused by barbecues. Motion by Council Member Webb to adopt Ordinance No. 2004 -19 prohibiting smoking on all public piers, beaches, beach walkways, floats, wharfs and Inspiration and Lookout Points. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Volume 56 - Page 1211 INDEX (100 -2004) City of Newport Beach City Council Minutes September 14, 2004 Absent: None 15. GENERAL PLAN UPDATE — GUIDING PRINCIPLES. Council Member Nichols stated that the guiding principles seem to promote a dramatic increase in density. He asked if the justification for doing this was due to the State's requirement for a higher density of housing within Newport Beach. Assistant City Manager Wood stated that the guiding principles don't address density or intensity, that they are only broad guiding statements, which might be thought of as goals or policies for the general plan update. She stated that they were developed by the General Plan Advisory Committee (GPAC) to guide the process of developing land use alternatives for further analysis and for evaluating those alternatives. The item was agendized for the current meeting to present to the City Council the Planning Commission's suggested changes to the principles. She noted that the most significant change was the use of the word "should" in place of "shall" or "will". She explained that the Planning Commission felt that the principles shouldn't be firm or directive. In response to Council Member Nichol's concern that the information isn't reaching the public, City Manager Bludau noted that the staff report lists the 38 principles. Assistant City Manager Wood added that two study sessions were held, and that there is a website for the general plan update. She additionally noted that the principles are on the website as a part of the current meeting's agenda packet. Council Member Nichols suggested that the land use alternatives being discussed be put on the website. She stated that they could be posted after they have been reviewed by the Planning Commission and the City Council. She noted that they will also be put on the website as a part of those meeting agenda packets. City Manager Bludau confirmed that the principles will be posted on the general plan update website also. Motion by Mayor Pro Bromber8 to receive and File General Plan Update Guiding Principles. John Buttolph stated that he is supportive of the 38 principles, but is in opposition to the recommendation by the Planning Commission, because it removes the meaning of the principles as principles and turns them into guiding ideas. He explained that replacing the mandatory language with "should" renders the concept of principle, meaningless. He urged the City Council to consider if the principles have any real meaning if the change is made. Mr. Buttolph stated that principles should be objective. Mayor Pro Tem Bromberg suggested that those that are interested in the process, attend a GPAC or General Plan Update Committee (GPUC) meeting and listen to the discussions that take place. He explained that it will provide a better understanding of why the principles are laid out the way they are, and the thought and consideration that takes place. Assistant City Manager Wood added that the principles have not been adopted, and they will not be used to judge any development project that comes before the City. Further into the process, goals and policies will be developed and will become a part of the general plan Volume 56 - Page 1212 INDEX (100 -2004) City of Newport Beach City Council Minutes September 14, 2004 Mayor Ridgeway confirmed that the final document will not be vague and ambiguous. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None R. MOTION FOR RECONSIDERATION — None S. ADJOURNMENT — at 9:45 p.m in memory of former City employees Pat Dunigan and Lenard Post, to an Adjourned Regular Meeting to be held on September 21, 2004, at 6:30 p.m. txtrrtttttttttttttt The agenda for the Regular Meeting was posted on September 9, 2004, at 9:00 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on September 10, 2004, at 1:00 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 1213 10113 11