HomeMy WebLinkAbout07 - 12-14-2004 MinutesAgenda Item No. 7
December 14, 2004
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
November 23, 2004 - 4:30 p.m.
ROLL CALL
INDEX
Present: Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway
Absent: Heffernan (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Webb noted that he asked for clarification regarding Item 3
(Fats, Oil and Grease Control). Acting City Attorney Clauson reported that, if the
item is not pulled from the Consent Calendar, she could note the amendments
before Council acts on the Consent Calendar.
Regarding Item 3, Council Member Nichols asked when the older restaurants had
to meet the same standards as newer restaurants. Assistant City Manager Ki££
indicated that the proposed ordinance does not require the older restaurants to
implement a grease interceptor; however, it requires them to participate in the
permit program in order to discharge grease. He reported that, if the restaurant
already has an interceptor, they would pay a nominal fee to cover the inspection
costs, but if they don't have an interceptor, the fee would cover the cost of
increased line maintenance near their restaurant. He reported that they would
take the overall cost of the Hotspot Program and divide this by the number of
restaurants that don't have grease interceptors but need them. He noted that this
equates to about $400 a year. Council Member Nichols stated that he wants
people to know that the ordinance does not require older restaurants to put in the
grease interceptors that's required for the new restaurants. Mr. Kiff indicated
that Council Member Nichols may want to pull the item tonight to make people
aware of this.
In response to Council Member Nichols' questions regarding Item 4 (Modification
Permit Procedures), City Manager Bludau stated that the Zoning Administrator is
included in the ordinance, the ordinance is going for second reading tonight, and
the Planning Director will determine who the Zoning Administrator will be.
Regarding Item 5 (Park Facilities), Council Member Nichols asked whether it's a
violation if someone who doesn't have a permit uses a field that can be put under
permit. Mr. Bludau stated that this would mean that anyone using the park
without a permit would be cited. He clarified that people can use any field
without a permit, as long as it's not closed for maintenance purposes and no one
else has a permit to use the field. Ms. Clauson added that a person can be cited if
they refuse to give up a permitted area to the person with the permit. Mr. Bludau
reported that the Park Patrol Officers know who has a permit before they go out
in the field. Recreation and Senior Services Director Knight confirmed that, in
the previous ordinance and in the proposed ordinance, a person can be cited if
they do not have a permit for a facility that requires one, i.e. all park buildings.
Further, a permit is required for any ongoing, regular athletic league. She
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confirmed that, if someone were to use any part of the Oasis Senior Center, they
also need to go through the permit process. Council Member Nichols asked if a
person would be cited without due notice. Ms. Knight reported that the Park
Patrol Officers are under the guidelines to always issue written warnings fast,
unless there is a safety hazard, a repeat violator, or a parking violation.
Council Member Nichols requested clarification regarding Item 6 (General Plan
Initiation). Assistant City Manager Wood reported that this is the standard
procedure when the initiation is a City - initiated amendment. She stated that
these are clean -up items to the Housing Element and will be a General Plan
Amendment on its own. She clarified that Council's vote tonight is to determine
whether to initiate the General Plan Amendment which entails directing staff to
do the work to draft it and letting the Planning Commission determine whether it
should hold a public hearing on it and make a recommendation to Council. She
confirmed that this would be separate from the General Plan Update because it is
only clean -up to one Element and there are no land use implications.
2. 2004 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH
GOALS.
Utilities Director Davidson reported that these reports are done in three year
cycles and all cities have these types of constituents exceeded in the water
systems. He reported that provisions of the California Health and Safety Code
require that any public water system serving more than 10,000 service
connections must prepare a special report to their council if their water quality
measurements have exceeded any Public Health Goal (PHG). He noted that
PHGs are non - enforceable goals established by the California Office of
Environmental Health Hazard Assessment (OEHHA) and they do not have to be
met by any public water system. Mr. Davidson reported that the California
Drinking Water Act addresses enforceable standards by setting Maximum
Contaminant Levels (MCL) or Action Levels for nearly 200 regulated constituents
in drinking water. He pointed out that the City has not exceeded any of these
regulated standards. He noted that his report is required to state if a constituent
was detected in the City's water supply between 2001 and 2003 at a level that
exceeds any applicable PHG.
Mr. Davidson reported that the City had four constituents that exceeded the PHG
(copper, lead, uranium, and coliform bacteria). He noted that copper and lead are
corrosion byproducts, and they do not generally occur in significant amounts in
any water source. He noted that the PHG for copper is .17 mg per liter (one part
per million) and 2 ug per liter (one part per billion) for lead. He stated that they
only had to do one year of testing for copper and lead in the three year cycle,
reporting that copper was .3 mg per liter which was above .17, but was below the
1.3 MCL standard. He reported that lead was 9 ug per liter, but was below the
15 MCL standard. Mr. Davidson believed that the City's water system is in full
compliance with lead and copper standards. He reported that uranium's PHG
standard is .5 pCi per liter and the MCL is 20 pCi per liter. He stated that
uranium naturally occurs in groundwater and that it has been detected in all four
wells in Fountain Valley with a range of 2.6 to 13 pCi per liter. Mr. Davidson
stated that, according to the California Department of Health Services, drinking
water that meets the MCL on uranium is considered to have little or no risk, and
is considered safe. Mr. Davidson reported that, in 2001, 2002, and 2003, they
collected and tested about 4.500 samples for coliform bacteria. He stated that the
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only sample that tested positive for coliform bacteria but negative for fecal
occurred in September 2003. He indicated that they added chlorine to all the
water sources to kill the bacteria and ensure that the water is microbiologically
safe.
Mr. Davidson reported that the drinking water in Newport Beach meets all
California Department of Health Services and United States Environmental
Protection Agency drinking water standards; therefore, there is no action
proposed.
Council Member Nichols stated that one of his neighbors told him that there were
little bugs swimming in her bathtub and asked if this was coliform bacteria.
Utilities Operations Manager Antista indicated that coliform bacteria cannot be
seen. He stated that the bugs could've been midge fly, but that this was unlikely
because the reservoir has been covered.
In response to Council questions, Mr. Antista and Mr. Davidson confirmed that
they drink the City's tap water. Mr. Antista noted that the Metropolitan Water
District tests for perchlorate levels and the City's level is well below the PHG. He
confirmed that the City does not put fluoride in the drinking water. Regarding
the 4,500 sample sites, he stated that they recently completed a new water quality
monitoring plan that was approved by the State Health Department. He reported
that they sample 29 house taps weekly that are representative of the distribution
system. Mr. Antista noted that the City does not have any lead services from the
main storm meters, but reported that lead solder is probably the biggest
contributor to the lead in the water and corrosion in pipes is probably the
contributor of copper. He noted that new solder is lead -free, so the newer homes
do not have this problem. Council Member Nichols reported that it is basically
impossible to get lead poisoning from water.
Mr. Antista reported that they started the cover project at the Big Canyon
Reservoir on Friday and it is now in service. He added that they are disinfecting
the water with chloramines which will improve the taste of the water and
eliminate any odor problems. He reported that the cover also eliminates airborne
contaminations. He stated that the City now has a fully- operational,
220 million gallon reservoir. Mr. Antista reported that. if the City's water were
cut -off, the reservoir would last about seven days with normal use and up to 30
days with rationing. He stated that Newport Beach is one of the only cities in
California with this type of backup storage. Mr. Davidson added that the City
also has generators to.move water to every zone in the City. He noted that the
hazardous chlorine gas has also been eliminated and they are now using liquid
chlorine.
3. NEWPORT BEACH IDENTIFICATION (NBID) PROGRAM [POWERPOINT
PRESENTATION].
Revenue Manager Everroad utilized a PowerPoint presentation, reporting that
the identification program was conceptualized in 1987 when it was realized that
each department had information that other departments could use if there was a
way to communicate the information. He stated that the GIS division identified
attributes associated with parcels in the City, but they wanted to look at
attributes associated with entities in the City. He noted that, throughout the
City, databases were created for services like the firelmedic subscription program,
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the Police alarm system, utilities billirgs, dog licenses, and business licenses
which related to an entity and not a parcel. Mr. Everroad indicated that he
wanted to do this program because there was a decentralized data management
system, no connectivity between the databases, revenue leakage, poor customer
service, and they weren't sure what they knew about the customers. He
confirmed that the customer's privacy is protected because they are bound by
municipal code and State law that restricts the type of information that can be
made public. He reported that this information is not accessible to the public and
is only available to certain City staff via the intranet.
Mr. Everroad reported that the program was developed because of AB 990 which
provided access to Statewide sales tax registration information and AB 63 which
provided information about Franchise Tax Board (FTB) filings by business entities
located in the City. Further, there were revenue leaks that could lead to
additional revenue and there were refunds made by the City without verifying if
there were account receivables associated with the entity. He reported that the
City has 20 calendar days to respond to a bankruptcy filing to list its claim;
however, it takes 20 days to run the interdepartmental mail through the entire
organization. Mr. Everroad stated that they compared the 1.4 million State Board
of Equalization (SBE) records to the City's 16,000 business licenses and
determined that there were 2,578 unlicensed businesses and 536 unregistered
sellers in the City. He reported that they also compared the 28,000 FTB records
with the City's business licenses and determined that there were almost 14,000
unlicensed businesses in the City. Mr. Everroad reported that this equated to
$280,000 in unlicensed businesses, $2 million in misallocating /unregistered
sellers, and $470,000 in FTB unlicensed businesses that the City was not
receiving in revenue.
Mr. Everroad indicated that they asked the vendor who was reconciling the data
whether they could take the seven different accounts receivable databases and
compare them to each other so Like- customers could be identified. He stated that
the 380,000 receivable records were compared based on the Federal Employer
Identification Number, social security number, name, etc.; they were assigned a
unique Newport Beach Identification (NBID) number; and a web- accessible
program was created that allows City staff to enter a customer's name or other
information so they could review the accounts associated with that particular
customer. He indicated that 103,000 customers had similar clusters. He
reiterated that MIS provided staff with web access to this information and created
search options so staff could look up information using the NTBID or a unique
identifier associated with the customer. Further, they could also search databases
that have not been linked to the system. He indicated that once they made the
connections and determined all the accounts associated with the individual, they
were able to consolidate the customer's bills with up to 22 different services.
rather than send separate billings.
Mr. Everroad reported that any customer service representative can look up all
the different services a customer has, when the customer was last billed, when the
City received their last payment, what balance is due, etc. He stated that
previously, when a customer wanted to change their information, like a phone
number, they had to speak to every customer service representative associated
with the different services to communicate that information; however, now one
person can update seven different databases in the accounts receivable area.
Mr. Everroad reported that about 600 customers a month use the Master ID
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system either via the internet or by telephone, and pay their bills online.
Mr. Everroad reported that they can now develop business license tax liens,
associate closed accounts with active accounts, and connect accounts receivable
with accounts payable. He stated that they identified almost $20,000 in accounts
payable that would've gone out. He reported that the system can also track how
much money they've been able to generate due to the system and create customer
reports so the customer service staff can clear outstanding receivables. Mr.
Everroad emphasized that the benefits include providing immediate information
to the customer service staff and there are billing efficiencies resulting from
consolidating the receivables onto a single statement. He reported that they
moved $97,000 in debt that they almost wrote off to current customer accounts
because they found they were still customers with the City in some capacity. He
pointed out that over $100,000 of bills are being paid a month via the internet,
$750,000 was found in business license tax, and almost $2 million was found in
new sales tax resulting from this program. Mr. Everroad believed that, in the
future, the system could flag a customer's account due to outstanding issues with
the City, i.e. pending litigation; associate all the revenues generated by an entity;
consolidate email addresses; and list customer requests. Mr. Everroad noted that
they implemented the system over the last year and a half without adding staff in
the MIS or Revenue Divisions.
In response to Council questions, Mr. Everroad confirmed that they classify
businesses using the Federal Standard Industrial Classification System. He
reported that the City pays a discounted fee to the credit card companies for
online payments, pointing out that the agreements with the companies prohibits
them from passing this fee on to the customers. He noted that the City has been
doing this for the last 12 or 13 years. He indicated that they have been asked to
provide information related to tax payments, receivables, etc., but reported that
sales tax information is prohibited from public dissemination. He added that the
personal information about business owners will not be given out. He confirmed
that the largest volume of their records came from the State Board of Equalization
and the Franchise Tax Board, but noted that most of the information that staff
throughout the City has been interested in comes from databases that they
maintain within the City. Mr_ Everroad explained that the information on the
intranet can be accessed by any City staff, but the person would need to request
access, the software has to be loaded individually, and MIS will provide them with
a password. He stated that this information is available to staff who provide
direct customer service.
Mr. Everroad reported that this system was recognized by the League of
California Cities this year for its innovation and added that he has made several
presentations on the system.
In response to Council questions, Mr. Everroad stated that the seven receivable
databases are managed by the same department and when a customer wants
information changed. it is now changed in all seven databases at one time.
However, for the other databases, i.e. alarm system or medic services, a customer
service representative can access the system, but it only informs them that the
customer's information has been updated and asks them if they want to update
their database. They must elect to use this information to update their database.
He explained that some of the databases are proprietary and don't have the open
architecture that allows them to push the data in and update their records. He
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confirmed that the cost savings for not mailing several bills to a customer has
been huge. Further, they can even eliminate some of the mailing costs because
they can email statements to customers. He added that there are 6,000 to 7,000
customers who has the City automatically debit their credit card or checking
account. He stated that there are customers who insist on paying their bills at
City Hall, but the City could create some type of incentive for them to use the
online system. Mr. Everroad reported that it takes four to five days to get the
payment into the City's account.
Mayor Ridgeway asked the City Attorney's office to work with Mr. Everroad and
look at other cities and governmental agencies who are treading into this type of
database information to make sure everyone in the database is protected from
identity theft. Mr. Everroad pointed out that they have not collected any
additional information, but created a system to access the information that they've
already collected. He agreed that this type of innovation creates opportunity that
they hope will never be acted on. However, the City has an obligation to ensure
that it is protecting confidential information because they could lose the
opportunity to collect this information from the State if there is any breach of
security. He reported that they sign affidavits with the State, identifying the
specific entities that will be receiving this information. He confirmed that a staff
member cannot pull up an individual's social security number, but they can look
up the name and the address. He indicated that MIS would be able to determine
how many people in his department and the rest of the City have access to social
security numbers and driver's license numbers, but those users typically have
access to that information anyway. He stated that he can bring back a report
about the security measures that are currently in place. Mr. Bludau reported that
the Police Department has internal controls and not everyone has access to
driver's license information.
PUBLIC COMMENTS - None.
ADJOURNMENT - at 5:50 p.m to Closed Session.
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The agenda for the Study Session was posted on November 17, 2004. at 2:00 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Regular Meeting
November 23, 2004 - 7:00 p.m. INDEX
STUDY SESSION - 4:30 p.m
CLOSED SESSION -5:40 p.m
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Absent: None
C. CLOSED SESSION REPORT - Mayor Ridgeway announced that the City
Council directed the City Manager to offer the City Attorney position to Acting
Citv Attorney Robin Clauson, subject to approval by the City Council at a public
hearing.
D. PLEDGE OF ALLEGIANCE - Council Member Nichols
E. INVOCATION - Student Rabbi Glenn Ettman, Shir Ha -Ma'a lot Temple
F. PRESENTATIONS -None
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM):
• Council Member Heffernan requested an update on the Our Lady Queen
of Angels church expansion project and when it would be heard by the
Planning Commission.
• Council Member Heffernan requested an update on the installation of lit
crosswalks at specific troubled intersections. He listed these as including
Anderson School, Corona del Mar High School on Eastbluff Drive
opposite the eastside parking lot, Coast Highway and Orchid Avenue
near the post office, and MacArthur Boulevard and Ford Road.
• Council Member Heffernan requested an update on the installation of
landscaping on Newport. Coast Drive, opposite Sage Hill School.
• Council Member Heffernan requested an update on the status of the
Lexus dealership entitlement process and if any formal action had been
taken by Lexus to purchase the land.
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• Council Member Heffernan requested information on the Study Session
date that the Marinapark issue would addressed by the City Council.
• Council Member Heffernan requested an update on the status of the
potential new City Hall.
• Mayor Pro Tom Bromberg announced that the streetlights, benches, tree
grates and trashcans on Balboa. Island were expected to be completed
prior to Thanksgiving, but that there has been a delay. He stated that
the project will be completed, possibly before Christmas.
• Mayor Pro Tom Bromberg announced that the 1/1 adoption program is
continuing to be very successful. He acknowledged several of the people
that have been involved.
Council Member Daigle announced that she attended the League of
California Cities meeting and that elections were held for the regional
boards and commissions. She noted that there are several important
regional issues, and that Newport Beach is showing its support for Costa
Mesa and Santa Ana.
• Council Member Heffernan presented Mayor Pro Tom Bromberg with a
check for $800 for the 1/1 program. He explained that the money
represents $100 for each campaign sign that was turned in to City Hall.
• Mayor Pro Tom Bromberg announced that the Heffernan family has now
donated a total of $6,000 to the 1/1 program. He thanked them for their
support.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANC.ES AND RESOLUTIONS
1. Item removed from the Consent Calendar by a member of the
audience.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading
in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
ORDINANCE FOR INTRODUCTION
3. Item removed from the Consent Calendar by Council Member
Nichols.
ORDINANCES FOR ADOPTION
4. Item removed from the Consent Calendar by a member of the
audience.
5. NEW NBMC CHAPTER 11.04 -- PARK FACILITIES — RULES AND
REGULATIONS. Adopt Ordinance No. 2004 -26 to provide expanded
enforcement capabilities in City parks.
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RESOLUTIONS FOR ADOPTION
6.
GPA INITIATION (GI 2004 -003) AMENDMENTS TO THE
(100 -2004)
HOUSING ELEMENT (PA 2004 -235). Approve the initiation of
amendments to the Housing Element of the General Plan modifying
existing provisions and adding new provisions by adopting Resolution
No. 2004 -90.
7.
MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT
(100 -2004)
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2004, AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR
FISCAL YEAR 2005. 1) Approve Marine Avenue Business
Improvement District 2004 Annual Report; and 2) adopt Resolution of
Intention No. 2004 -91 and set the public hearing for December 14, 2004.
8.
RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
(100 -2004)
DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR
2004 AND ADOPTION OF RESOLUTION OF INTENTION TO
LEVY FOR FISCAL YEAR 2005. 1) Approve Restaurant Association
Business Improvement District 2004 Annual Report; and 2) adopt
Resolution of Intention No. 2004 -92 and set the public hearing for
December 14, 2004.
CONTRACTS AND AGREEMENTS
9.
GRANT HOWALD - COMMUNITY YOUTH CENTER
C -3634
BASKETBALL COURT REPLACEMENT - COMPLETION AND
Grant Howald
ACCEPTANCE OF CONTRACT (C- 3634). 1) Accept the work;
Community
2) authorize the City Clerk to file a Notice of Completion; 3) authorize the
Youth Center
City Clerk to release the Labor and Materials bond 35 days after the
(38/100 -2004)
Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code; and 4) release the Faithful Performance Bond
one year after Council acceptance.
10.
JAMBOREE ROAD STREET REHABILITATION - FORD ROAD
C -3625
TO BISON AVENUE - COMPLETION AND ACCEPTANCE OF
Jamboree Road
CONTRACT (C- 3625). 1) Accept the work; 2) authorize the City Clerk
Street
to file a Notice of Completion; 3) authorize the City Clerk to release the
Rehabilitation
Labor and Materials bond 35 days after the Notice of Completion has
(38/100 -2004)
been recorded in accordance with applicable portions of the Civil Code;
and 4) release the Faithful Performance Bond one year after Council
acceptance.
11.
SAN MIGUEL /SPYGLASS HILL -EAST GATE TRAFFIC SIGNAL
C -3678
INSTALLATION - COMPLETION AND ACCEPTANCE OF
San Miguel/
CONTRACT (C- 3678). 1) Accept the work; 2) authorize the City Clerk
Spyglass Hill -
to file a Notice of Completion; 3) authorize the City Clerk to release the
East Gate Traffic
Labor and Materials bond 35 days after the Notice of Completion has
Signal
been recorded in accordance with applicable portions of the Civil Code;
Installation
and 4) release the Faithful Performance Bond one year after Council
(381100-2004)
acceptance.
12.
Item removed from the Consent Calendar by Council Member
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Nichols.
13. APPROVAL OF COST STUDY CONTRACT WITH MTG
MANAGEMENT CONSULTANTS FOR THE INTEGRATED LAW
AND JUSTICE PROJECT. Award bid and authorize the City Manager
to execute the contract with MTG Management Consultants in the
amount of $70,000 funded from Account #7017- C1820747.
MISCELLANEOUS ACTIONS
14. Item removed from the Consent Calendar by a member of the
audience.
15. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY
AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor
Ridgeway's appointment of Jeannette Thomas as the District 1
representative and Council Member Webb's appointment of Barbara
Thibault as the District 3 at -large representative to the Environmental
Quality Affairs Citizens Advisory Committee (EQAC).
16. Item removed from the Consent Calendar by a member of the
audience.
522. Item removed from the Consent Calendar by a member of the
audience.
523. RESOLUTION IN SUPPORT OF THE CITY OF ANAHEIM
REGARDING THE NAME OF THE ANAHEIM ANGELS. Approve
Resolution No. 2004 -93 supporting the City of Anaheim's efforts to retain
the name "Anaheim Angels" for o'ur Orange County major league baseball
team.
Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar,
except for those items removed (1, 3, 4, 12, 14, 16 and S22).
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
:goes: None
Abstain: '.None
Absent: None
J. PUBLIC HEARINGS
17. APPEAL OF A STAFF DENIAL FOR ENCROACHMENT PERMIT
NUMBER N2004 -0369 TO ALLOW A CURB CUT IN FIRST
AVENUE ADJACENT TO 425 BEGONIA AVENUE (contd. from
11/9/04).
Using a PowerPoint presentation, Public Works Director Badum
displayed an illustration of the former development at the site and the
floor plan of the proposed development. He stated that Council Policy L-
2, Driveway Approaches, prohibits street curb cuts when the property
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& Justice Project
(38/100 -2004)
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INDEX
abuts an alley. The policy allows some exceptions for corner lots if
certain conditions are met. Public Works Director Badum read from the
policy and noted than an additional condition was requested by the City
Council at a previous meeting. He stated that this condition allows for a
street curb cut when the property is built as two distinct separate units
with one common wall or open space. This condition will return to the
City Council at a future meeting for formal adoption and amendment to
the policy.
Public Works Director Badum stated that examples of exemptions include
physical obstructions in the alley such as side walls or extreme grades,
providing more parking spaces than are required and the proposed
condition of creating two distinct separate units. He displayed several
photos showing examples of the exemptions at various properties
throughout the community.
Public Works Director Badum stated that the project under consideration
at 425 Begonia Avenue meets some of the required conditions, but not
others. There are not, for example, any physical obstructions in the alley
that would interfere with access. He displayed a site plan and photo
illustrating that this condition has not been met. He noted the property
across the alley from 425 Begonia Avenue and stated that the side yard
setback on this property has been conditioned by the Planning
Commission to prohibit any landscaping greater than six inches in
height. He noted that the requirement is currently being violated, as
evidenced by a couple of trees.
Council Member Rosansky stated that it is not just the trees that are
violating of the condition. He noted the shrubs and a light coming out of
the ground.
Council Member Webb stated that a solution might be to set the garage
face back six feet instead of five feet. Public Works Director Badum
agreed and stated that the minimum setback is five feet, which would
provide an alley access of nineteen feet.
Council Member Nichols stated that the code requires full alley access
before street curb cuts can be disallowed, which is twenty feet. Public
Works Director Badum stated that its open to interpretation, but that
the intent of the provision is to show that physical conditions disallow
access at all.
Council Member Daigle asked for an explanation as to why a street curb
cut was allowed at 620 Jasmine, which was one of the photos shown
earlier. Public Works Director Badum explained that it met the condition
of providing more parking spaces than were required.
Council Member Nichols questioned that it met that condition.
Council Member Wood asked if the City's code allows an uncovered third
parking space to go into a setback area. Senior Planner Campbell
responded in the affirmative.
Public Works Director Badum displayed site plans for 425 Begonia
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Avenue showing that the project does not meet the condition of providing
more parking spaces than are required or the condition of creating two
separate units on one parcel. In summary, he stated that the intent of
Council Policy L -2 is to minimize the loss of parking on the side streets.
He noted that the architect submitted several maps showing examples of
where curb cuts on side streets on corner lots were approved in the City.
Public Works Director Badum referred to one of the maps submitted by
the architect and of the 26 examples on the map, he stated that 9 were
older or remodeled developments, 4 didn't have alley access, 3 were not
routed through Public Works, 1 was approved with no record as to why,
and 9 of the parcels qualified for the exemption.
Council Member Nichols asked if any projects had been before the City
Council as a result of Council Policy L -2- Public Works Director Badum
responded in the affirmative.
Mayor Ridgeway confirmed that four parking spaces would be required
for the two- condominium project design at 425 Begonia Avenue and that
if the side street curb cut is not allowed, tandem parking would have to
be used off the alley. He asked ;.f staff had ever followed up on tandem
garages and how they ended up being utilized. Public Works Director
Badum responded in the negative:. Mayor Ridgeway stated that from his
observations, the back units are usually used for storage and not vehicles.
He pointed out that if the design of the project were changed to create
two distinct units, the side street curb cut would be allowed. Public
Works Director Badum agreed and stated that separate units, side by
side, also provide for a better design and eliminates the issues associated
with two individuals living in one building. He cited the example of a
roof leak and stated that when a roof is shared, both homeowners have to
agree to the repair. Mayor Ridgeway asked if there was a requirement in
the City's code for Covenants, Conditions & Restrictions (CC &R's) to
address such issues. Acting City Attorney Clauson responded in the
negative. Mayor Ridgeway stated that it is something that the City
should consider.
Council Member Nichols stated that the project at 425 Begonia Avenue
does have two units with a common wall between them. He stated that
the exemption is for a common wall or open space between two units, and
he emphasized the word "or ". Looking at the photo of 227 Marguerite,
also shown earlier, Council Member Nichols stated that there was a
beautiful pine tree on the site in the public of right -of -way and he wasn't
notified when it was cut down, which he should have been since he is the
council representative for the area. He asked why Council Policy L -2
wasn't applied to the project. Public Works Director Badum stated that it
was and that the project qualified for the exemption because more
parking was provided than what was required. He added that the
problem with the tree in the driveway was an unusual situation and
resulted in the tree being removed and a wider driveway being created.
Council Member Webb stated that the purpose of Council Policy L -2 is to
protect on- street parking and that staff is just trying to implement the
policy. He stated that if the policy needs to be changed, that should be a
separate discussion by the City Council.
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Council Member Nichols stated that there is a hazard associated with
vehicles backing out of garages onto side streets, particularly when the
side streets are busy.
Mayor Ridgeway suggested that comments about the policy itself be
discussed at a later date.
Council Member Nichols stated that the policy isn't being applied
equitably to the properties in Corona del Mar. Additionally, the property
at 425 Begonia Avenue does meet the requirements necessary to qualify
for the exemption.
Council Member Daigle stated that her concern for tandem parking is
that two of the spaces may not be utilized and the vehicles would end up
being parked on the street.
Mayor Ridgeway asked if the curb cut is allowed at 425 Begonia Avenue,
if the curb between the alley and the carport would be painted red.
Public Works Director Badum stated that he would have to look at the
dimensions.
Mayor Ridgeway opened the public hearing.
Norm Abell, owner of the property at 425 Begonia Avenue, displayed
photos of other projects in the area where curb cuts were allowed. He
stated that they provide examples of what the exemption guidelines have
permitted. Additionally, he stated that he has observed that only 30% to
50% of the available parking spaces on the streets adjacent to 425
Begonia Avenue are used. He didn't feel that the loss of one parking
space would cause a severe impact.
Council Member Webb asked if it would be possible for the project to take
advantage of the additional parking condition and provide a fifth open
parking space in the setback. Mr. Abell stated that the issue is that the
lot is 30 feet by 118 feet, which is smaller than some of the lots that were
shown earlier and took advantage of the condition. He stated that it
could work if it were a shared space or if the square footage of the
building were reduced.
Mayor Ridgeway asked if the property adjacent to 425 Begonia Avenue
would be required to remove the illegal landscaping. Public Works
Director Badum stated that the property is currently in violation of the
conditions established by the Planning Commission and is something
that should be looked into. Mayor Ridgeway stated that it would result
in a white, stark building. City Manager Bludau stated that staff is
prepared to enforce the conditions. Public Works Director Badum stated
that the trees could probably stay if it is found that vehicles can
maneuver with them in place.
John Loomis, 30th Street Architects, stated that the adjacent property
does cause a problem and that tandem parking would magnify the
problem with the shuffling of vehicles that would be necessary. He stated
that they attempted to get a separation of the units with their design,
that unusual circumstances do exist and that the design of the project
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meets the separation condition to the maximum extent possible. He
stated that it would be difficult to add a fifth parking space on the lot.
The lots where additional parking was provided were 45 feet deep as
opposed to 30 feet. Mr. Loomis noted a project at 428 Orchid Avenue that
was approved by the City Council on August 26, 2003. He read from the
findings and stated that the project at 425 Begonia Avenue is consistent
with the same findings and would improve the parking situation in the
area.
Jim Hildreth stated that 425 Begonia Avenue is an R -1.5 lot and he
doesn't understand how the project could be considered a duplex because
it has an apartment over a garage. He stated that the alley is
comparable to most of the alleys in the City and that the property could
provide for six parking spaces with the current design since vehicles park
in driveways. Mr. Hildreth stated. that tandem parking is a pain.
Robert Walchli expressed his concern for the precedent that would be set
if an exemption is granted and stated that if there is alley access, it
should be used. He also expressed his concern for the effect the removal
of street parking could have on the value of the surrounding properties.
Lastly. he questioned the placement of a garage facing a public park.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Council Member Rosansky stated that the applicant is asking the City to
fit its policy to their design. He stated that the policy is in place for a
reason and the project does not meet the conditions for an exemption. He
stated that there is also a safety issue to consider with the street garage
and vehicles backing out over a sidewalk and into traffic. Council
Member Rosansky stated that the property adjacent to the project is in
violation of its use permit, which has placed an undue burden on the
property owner at 425 Begonia .Avenue. He stated that both the use
permit and the policy should be enforced.
Mayor Pro Tem Bromberg stated that tandem parking would defeat the
purpose of the policy and agreed with Mayor Ridgeway's earlier
comments that the vehicles will end up parking on the street, He also
agreed with Council Member Webb's comments that the policy should be
looked at and possibly modified. In the interim, he felt that the current
policy should be enforced unless hardship can be proven and he didn't see
that for the property owner at 425 Begonia Avenue.
Council Member Nichols noted that the policy has not been applied to all
of the curb cuts in Corona del Mar and some of the curb cuts that have
been allowed should not have been. He stated that the property at 425
Begonia Avenue does not have full. alley access. He agreed that there are
problems with Council Policy L -2 and that it should be changed.
Additionally, he felt that appeals should first be reviewed by the
Planning Commission. Council Member Nichols expressed his support
for the applicant's project. He stated that a separation of the units has
been created to the extent possible and that the front yard setback has
been complied with. In closing, he stated that Council Policy L -2 should
be applied uniformly to all curb curs.
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Council Member Daigle also expressed her support for the project and the
granting of an exemption. She disagreed with the creation of tandem
parking off of the alley and felt that the design presented by the
applicant was far superior. She also felt that the landscaping on the
adjacent property benefited the neighborhood.
In response to Mayor Pro Tem Bromberg's and Mayor Ridgeway's
questions, Public Works Director Badum stated that the separation
condition has not been formally adopted as a part of the policy yet,
although staff was directed to bring it back to the City Council after it
was used to approve the project on 428 Orchid Avenue.
Mayor Ridgeway stated that from an equity point of view given what has
happened previously in Corona del Mar, and considering the problems
with tandem parking and the removal of the landscaping on the adjacent
property that is otherwise beneficial to the neighborhood, he supports an
exemption in this situation. He stated that he knows the area well and
doesn't feel that 151 Avenue is as busy as some of the other streets in
Corona del Mar.
Motion by Council Member Nichols to overturn the denial on the
basis that the property does not have full alley access, there would be no
safety problems associated with the curb cut because the street has light
traffic, and the house design provides a smaller and more beautiful home
and would be an asset to the community.
Mayor Pro Tem Bromberg expressed his support for the motion since it
was made by the council member of the district where the project is
located and the issue is really more of a district issue. He stated that he
still has a concern for the policy and how it's being implemented,
however.
Council Member Webb stated that allowing the exemption, in effect, gives
an advantage to all corner lots. The neighboring and interior properties
don't have the opportunity to provide parking off of the side streets.
Council Member Rosansky stated that the applicant is utilizing the alley
for access to a two -car garage, so the ability to maneuver vehicles in the
alley is not an issue. Secondly, Council Member Rosansky stated that if
tandem parking is not desired, the consideration should be given to
banning it everywhere, which he didn't feel would be fair to the
properties that rely on it to build two units. He stated that the policy is
clear and there would be no hardship caused by requiring the applicant
to redesign his project since it has not been built. Additionally, Council
Member Rosansky stated that the landscaping on the adjoining property
should be brought into compliance, regardless.
Council Member Heffernan stated that there is nothing unique about the
subject property and he is against giving up any street parking in Corona
del Mar. He stated that the applicant knew the rules and hasn't qualified
for an exemption.
The motion carried by the following roll call vote:
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Ayes: Bromberg, Daigle, Nichols, Mayor Ridgeway
Noes: Heffernan, Rosansky, Webb
Abstain: None
Absent: None
INDEX
is. ESPINOZA CONDOMINIUM. CONVERSION (PA2004 -137) — (100 -2004)
CONDOMINIUM CONVERSION NO. 2004 -014; NEWPORT TRACT
MAP NO, 2004 -002; AND COASTAL RESIDENTIAL
DEVELOPMENT PERMIT NO. 2004 -001 — 329 MARGUERITE
AVENUE — PROPOSAL IS TO CONVERT AN EXISTING 7 -UNIT
APARTMENT BUILDING TO CONDOMINIUMS FOR
INDIVIDUAL SALE.
Mayor Ridgeway stated that he requested this matter be addressed by
the City Council because he wanted to make sure that the City's code
regarding parking on the property was being interpreted correctly.
Additionally, he had a concern for the safety of the garages adjacent to
Bayside Drive. Mayor Ridgeway stated that after meeting with the
applicant and reviewing a reconfiguration of the project, he no
longer feels that there is a safety issue. In conclusion, Mayor Ridgeway
stated that his concerns have been met and he supports the staff
recommendation.
Council Member Nichols stated that the project is overbuilt for the site,
the units are small and he doesn't feel that the garages at the back meet
the zoning code. Additionally, the wall at the back doesn't allow for a
three -foot sidewalk along Bayside Drive. Council Member Nichols noted
that the City hasn't required a sidewalk along Bayside Drive, but if one is
built with the current slope, the City would incur the liability. He stated
that it would also be setting a precedent to require that the open carports
be enclosed as garages. Lastly, Council Member Nichols stated that
Marguerite Avenue and Bayside Drive is a very busy intersection, and
residents would be attempting to access garages from a collector street.
Council Member Webb noted that Condition No. 29 in the report
addresses the sidewalk along Bayside Drive. Additionally, the code
allows for the requested conversion and if the City Council is going to
disallow it, then the code needs to be changed.
In response to a question by Council Member Nichols, Senior Planner
Campbell stated that enclosing the garages would not violate the floor
area limit provisions of the Multi - Family Residential (1\4FR) zone. He
stated that the request is for a seven -unit building to be converted to
condominiums. The building was constructed in 1956, which has resulted
in a variety of nonconformities. The Planning Commission concluded
that it was a worthwhile project because of the exterior enhancements
proposed by the applicant and required full -width improvements for
curbs, gutters and sidewalks along both street frontages of the property.
Council Member Nichols stated tlaat if the slope from the new driveways
goes out to the curb and gutter, it won't allow for a level three -foot
sidewalk.
Mayor Ridgeway opened the public hearing.
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Bill Edwards, architect, Planet Design, provided the site plan for the
project. He stated that pedestrian circulation will be improved and safety
will be significantly enhanced by the applicant's agreement to dedicate
the Bayside Drive and Marguerite Avenue street corner for a sidewalk
connection to the new full -width sidewalk along the Bayside Drive
frontage. He stated that visibility and safety will be improved for both
pedestrians and vehicles. Mr. Edwards stated that the custom rollup
sectional doors for the seven converted carports will meet City
requirements, and the redesign of the carport slabs and aprons will
achieve the proper gradient for pedestrian use and vehicular ingress and
egress. Mr. Edwards stated that the proposed construction
improvements will be minor from the standpoint of disruption. The
aesthetic changes, however, will result in a substantial and positive
visual impact. In conclusion, Mr. Edwards stated that the owner is
committed to complying with all of the conditions of approval and the
development will bring a high quality project to the community.
Additionally, the project provides a unique opportunity for the young
professional market to enjoy entry level homeownership.
Council Member Heffernan noted the poor visibility at the corner
currently. He asked what the current setback is and how the visibility
will be changed upon completion of the project. Mr. Edwards stated that
the building corner will remain the same, but the planters will be
changed and visibility will be improved. Council Member Heffernan
asked what the setback would be if the building were demolished and
rebuilt. Senior Planner Campbell stated that it would be a difference of a
foot or two. Council Member Heffernan asked what the price range of the
units would be.
Council Member Nichols noted that the sidewalk slope will vary.
Mr. Edwards stated that it will vary slightly and a gradual transition
from one apron bay to the next is being proposed. He stated that he's
confident that the redesign will create a slope factor that will be
relatively comfortable. Council Member Nichols confirmed that a 6%
gradient on average is what they are attempting to achieve. Council
Member ?Nichols agreed that the addition of a sidewalk with the
newer design would be a benefit. Additionally, he stated that if there
were a couple more feet on either side or both sides of the alley cut
through to Marguerite Avenue, it would improve the safety in the area.
Mr. Edwards stated it should be possible to accomplish by design.
Lorenzo Espinoza, project superintendent, stated that he is speaking on
behalf of his father, the owner of the property, and the contractor. He
stated that the enhancement to the exterior of the property was
requested by the Planning Commission and the owner is committed to
using only high quality materials. He displayed an artist's rendering of
the project and the site plan.
Mayor Ridgeway expressed his confidence in the quality of the project. In
response to Council Member Heffernan's and Mayor Ridgeway's
questions, Mr. Espinoza stated that six of the units are expected to sell in
the high $600,000's and are approximately 860 square feet each. The
seventh unit is approximately 1100 square feet and is expected to sell for
approximately $850,000.
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In response to Council Member Nichols' question, Assistant City Manager
Wood stated that the project will not exceed the zoning limits and the
garages do not count towards the floor area ratio.
Robert Walchli stated that he supports the project, but with reservations.
He stated that it's currently one of the oldest and most dilapidated multi-
unit properties in Corona del Mar, and is in a prominent location. He
stated that the proposed project will be an improvement to what is
currently there, but it won't be as nice as a brand new development. He
expressed his support for condominium conversions because they bring in
owner residents, but stated that it needs to be remembered that the
building will remain an old renovated building that will likely not be
redeveloped in the future.
Jim Hildreth stated that there have been accident concerns at the
Bayside Drive and Marguerite Avenue intersection in the past.
Additionally, he stated that if a redevelopment does occur on the site, the
additional foot or two setback requirement on the corner should be
enforced.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Motion by Council Member Webb to affirm the action of the Planning
Commission to approve the referenced applications.
Mayor Ridgeway referred to the letter received from Planet Design,
which discussed modifications to the drive aprons. He asked if these had
been incorporated into the conditions of approval. Senior Planner
Campbell responded in the negative and suggested that a condition be
added to the Planning Commission resolution that makes the
modifications a requirement of the project.
Amended motion by Council Member Webb to affirm the action of
the Planning Commission to approve the referenced applications, as
amended by adding the condition regarding the modifications to the drive
aprons.
Mayor Ridgeway asked if the City could require Covenants, Conditions &
Restrictions (CC &R's) for the property to address such issues as roof
maintenance. Acting City Attorney Clausen responded in the negative,
but stated that the State Department of Real Estate requires CC &R's for
projects of five or more units.
Council Member Nichols confirmed with Acting City Attorney Clausen
that a parcel map is required by the County tax assessor, and that the
CC &R's are also a part of the lega;. documentation.
Council Member Webb asked if the landscaping plan and list of building
materials were already a part of the conditions approved by the Planning
Commission. Senior Planner Campbell responded in the affirmative, and
added that the Planning Commission also required that it review and
approve the final plans before implementation.
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Public Works Director Badum clarified that the carport elevations would
be addressed in the design details. He asked if the City Council expected
a viable sidewalk to be developed adjacent to the roadway, and explained
that if a sidewalk is required, some additional adjustments will need to
be made. Specifically, he noted that the cross slopes as currently
designed would not meet the requirements of the Americans with
Disabilities Act (ADA).
Mayor Ridgeway stated that the current condition is to improve the
access to the garages on and off of Bayside Drive.
Council Member Nichols confirmed that new sewer lines are being
installed.
In response to Mayor Pro Tem Bromberg's question, Public Works
Director Badum stated that if the City Council is expecting the five -foot
setback along Bayside Drive to be considered a sidewalk, adjustments
could be made by the applicant to bring it into compliance.
The amended motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor
Ridgeway
Noes: Nichols
Abstain: None
Absent: None
K. PUBLIC COMMENTS
Linda Grant stated that a tree that has been classified as a problem tree
is scheduled to be cut down on November 24, 2004. She stated that the
tree is not a problem tree, and that there are no cracks in the sidewalk or
curb. She agreed that if a tree is a problem, it should be removed. She
pleaded with the Mayor to save the tree.
Mayor Ridgeway confirmed with Ms. Grant that she was speaking of the
tree at 311 Fernando Street. He stated that the owner has requested
that the tree be removed. Ms. Grant disagreed and stated that there
must be a mistake. Mayor Ridgeway stated that he has looked into the
situation and stated that there has been damage and it is a problem tree
and that he, therefore, would not intervene.
James Hutton stated that he is the owner of the property where the tree
is located and has plans to build a new house. He stated that the removal
of the tree would improve his view, but that he has changed his mind on
having it removed because the tree also provides a beautiful view for the
people in the neighborhood. He added that there is no damage to the
sidewalk or curb. He asked that the tree not be removed. City Manager
Bludau confirmed with Mr. Hutton that he called the City Manager's
office earlier in the day to request that the tree be removed.
Lisa Browne stated that she's a mediator and that there might be a way
to save the trees, such as by the use of rubber sidewalks. She noted that
many trees are being removed lately and she didn't understand why. She
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INDEX
stated that any tree damage should be contained and everyone should
work together.
Ann Robinson stated that in 2003, the City annexed approximately two -
third's of her unincorporated residential block. She provided a map,
which illustrated the neighborhood. Ms. Robinson stated that this has
created a problem because both the annexed area and the unannexed
area have ended up without a polling place. She explained that by
splitting the area, there is no ;precinct. The Registrar of Voters has
confirmed that if the remaining 52 homes were annexed, a precinct could
be formed.
Mayor Ridgeway requested that Assistant City Manager Kiff provide an
informational report regarding t]ae matter. He stated that it is unlikely
that the area would be annexed.
Robert Walchli stated that at a prior City Council meeting, he requested
that an ordinance dealing with illegal construction dust be considered.
He asked for the status of this request. Secondly, Mr. Walchli stated that
numerous violations still exist at 202 Fernleaf and nothing has been
done. He asked when the City would begin enforcing its own mandates.
Thirdly, he requested a report on the status of the Corona del Mar beach
project. And, lastly, Mr. Walchli stated that for three years, he has asked
the City Council to take action on the rights of the public to their ocean
view parkland on the Ocean Boulevard bluff, but that nothing has been
done. He stated that he hoped he wouldn't have to form an opposition
group to get some kind of action from the City.
Joel Stone stated that there is a persistent presence of profanity, loud
noise and violence at the 38th Street Park. He stated that the park is
adjacent to houses and a children's park, and is an inappropriate location
for a full court basketball court. He stated that if a basketball court is
necessary in West Newport, a place should be found for it that is
compatible with the neighboring uses.
Dr. Jan Vandersloot stated that Mr. Hutton's intent when he spoke with
the City Manager's office earlier in the day was to say that he didn't want
the tree cut down. Dr. Vandersloot provided photos that showed that
there is no damage being caused by the tree. He also expressed his
opposition to the new Council Policy G -1, Retention or Removal of City
Trees, and stated that too many trees are suddenly being removed.
Eighty trees have been removed in the past two months and the average
used to be forty trees per year. He stated that the G -1 policy requires
that a City tree remain unless it is causing a problem and has a repeated
history of damage. Dr. Vandersloot suggested that a moratorium be
placed on tree removals and stated that the new G -1 policy was supposed
to provide for better public accountability.
City Manager Bludau stated that when the new G -1 policy was
considered, the General Services Director reported that there were 800
problem City trees. The new policy allows for the removal of 200 problem
trees per year.
Mayor Ridgeway added that the City replaces every tree it removes.
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Mayor Pro Tem Bromberg additionally noted that Newport Beach has
been designated as a Tree City USA for 14 years.
Dolores Otting stated that a problem still exists in the parks with signs
indicating that the parks are open until 11:00 p.m. and, yet, they are
unlit. She stated that this creates a liability to the City. Secondly,
Ms. Otting stated that a Closed Session report was never given for the
action taken by the City Council on the Wetlands Action Network issue.
And, thirdly, she stated that the cost of the Newport Coast Elementary
School loop road increased from approximately $364,000 to $850,000,
which is a 131% increase. The number of students at the school is also
different than the City expected and the project was poorly planned.
Jim Hildreth displayed parts of the Balboa Island bridge, which he stated
he found on the ground. He stated that possibly better glue should be
used. Additionally, he discussed the difference between lawyers and
attorneys. And, lastly, Mr. Hildreth stated that he has been coming to
the City Council meetings because Tony Melum lied to the City Council
when he stated that prior to 1994, it was not a pier permitted site but a
shore mooring. Mr. Hildreth stated that it was a pier permitted site.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor
Pro Tem Bromberg reported that GPUC met the previous week and made
recommendations for the four vacancies on the General Plan Advisory Committee
(GPAC).
Status report - Local Coastal Program Certification Committee. Mayor
Ridgeway stated that the Coastal Commission has the City's documents and the
City is waiting for their response.
Status report - Newport Coast Advisory Committee. No report.
Status report - Mariners Joint Use Library Ad Hoc Steering Committee.
Council Member Webb reported that only one bid was received for the library
project and it was $1.5 million above the estimate. That bid was rejected and a
second bid opening has been scheduled.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
19. PLANNING COMMISSION AGENDA FOR NOVEMBER 18, 2004.
Assistant City Manager Wood stated that the first item addressed by the
Planning Commission was a use determination for Cendent Car Rental
Group who successfully showed that their principle use of an
Administrative, Professional and Financial (APF) site would be for office.
A minor amendment was also made to the Santa Ana Heights Specific
Area Plan to bring the area into conformance with the rest of the City in
terms of how second dwelling units are dealt with.
Assistant City Manager Wood stated that the primary item on the agenda
was the consideration of the expansion proposed by St. Andrews
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(100 -2004)
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November 23, 2004
INDEX
Presbyterian Church. The three main issues that were discussed
included the parking, occupancy and square footage.
Council Member Heffernan asked if the parking requirements were
contingent upon Newport Harbor High School and St. Andrews reaching
an agreement. Assistant City Manager Wood responded in the
affirmative and stated that the details of the requirement are still being
worked on and will be discussed again at the Planning Commission
meeting on December 9, 2004. Acting City Attorney Clauson added that
the school district wanted to first know how the City was going to decide
on the project before they would consider an agreement. She confirmed
that there are various options to insure that there is an agreement
between the two entities.
Council Member Nichols requested that the decision by the Planning
Director to reject a building at 3600 East Coast Highway be appealed.
?Mayor Ridgeway confirmed with Assistant City Manager Wood that the
item can be appealed by the City Council or the Planning Commission
and if appealed by the City Council, it would be heard by the City
Council. Mayor Ridgeway asked if the Planning Commission received the
same report on Planning Department actions that the City Council
received. Assistant City Manager Wood responded in the affirmative.
Council Member Nichols stated that they received it after their recent
meeting. Assistant City Manager Wood noted that a Planning
Commission appeal does not have to occur at a meeting.
Mayor Ridgeway further confirmed that the applicant could appeal the
decision.
After a brief discussion, Council Member Nichols explained that the
project met all of the zoning conditions individually. The denial was
based on the overall bulk of the project and was not expected by the
applicant. Council Member Nichols stated that the project has merit and
the applicant would probably be able to meet the requirements of the
Planning Department if he could work with them. Assistant City
Manager Wood stated that staffs decision has been made, so it would
need to be appealed to be reconsidered. She further explained that the
request was for a use permit for development standards to allow the
project to exceed the City's building bulk limitations. Staff could not
make the required findings necessary to approve the use permit.
Mayor Ridgeway asked what recourse the applicant has. Acting City
Attorney Clauson stated that the applicant can appeal the decision to the
Planning Commission.
Council Member Nichols noted that the appeal cost to the applicant
would be approximately $1,000 and that he should have been given the
opportunity to work with the Planning Department prior to the denial of
the project.
Council Member Daigle confirmed that the appeal by a planning
commissioner has to occur within '14 days of receiving the report.
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Mayor Ridgeway suggested that Council Member Nichols contact
Planning Commissioner Toerge.
Council Member Webb stated that it is unlikely that the applicant can
meet the required findings, but that he should appeal if he desires.
Council Member Nichols noted that two - thirds of the buildable area is a
parking lot. The applicant was unaware that if the parking structure
were reduced slightly, the project could meet the requirements.
Motion by Council Member Nichols to call the item up for review.
The motion failed for lack of a second.
N. CONTINUED BUSINESS
20. REFILLING OF VACANCIES ON GENERAL PLAN ADVISORY
COMMITTEE (contd. from 11/9/04).
Assistant City Manager Wood stated that the General Plan Update
Committee (GPUC) met and made recommendations on the vacancies.
They also discussed the frequent vacancies on the General Plan Advisory
Committee (GPAC) and if they should continue to be filled, given that
GPAC has already done so much work. GPUC determined that the
vacancies should be filled and that the vacancy in District 2 should be
filled from applicants in District 3 to keep the committee geographically
balanced. Ballots were distributed to the council members.
Council Member Heffernan asked if there should be any discussion prior
to the council members placing their votes.
Mayor Pro Tern Bromberg stated that GPUC heard from a number of the
applicants at their meeting and that the applications were also provided
with the staff report.
Council Member Nichols requested additional time to make his decision.
Mayor Ridgeway recessed the meeting at 10:05 p.m. and reconvened the
meeting at 10:15 p.m with all Council Members present.
City Clerk Harkless read the ballot votes for the District 2 representative
as follows:
Jim Navai (Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor
Ridgeway)
Edward Wolfe (Nichols)
City Clerk Harkless read the ballot votes for the District 4 representative
as follows:
Gordon Glass (Heffernan, Webb, Daigle)
Tim Brown ( Rosansky, Bromberg, Mayor Ridgeway)
Charles Griffin (Nichols)
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November 23, 2004
City Clerk Harkless read the ballot votes for the District 5 representative
as follows:
Don Bowers (Webb)
William Lusk (Heffernan, Bromberg, Daigle, Mayor Ridgeway)
Kathy Leek (Rosansky)
Anne Badham (Nichols)
City Clerk Harkless read the ballot votes for the District 6 representative
as follows:
Ledge Hale (Heffernan, Rosansky, Bromberg, Webb)
Elliot Vogelfanger (Daigle, Nichols, Mayor Ridgeway)
City Clerk Harkless announced that Jim Navai is appointed as the
District 2 representative to the GPAC, William Lusk as the District 5
representative and Ledge Hale as the District 6 representative. A tie
vote for District 4 occurred between Gordon Glass and Tim Brown.
By roll call vote, the council members announced their votes for District 4
as follows:
Gordon Glass (Heffernan, Webb, Daigle, Nichols)
Tim Brown (Rosansky, Bromberg, Mayor Ridgeway)
City Clerk Harkless announced that Gordon Glass is appointed as the
District 4 representative.
O. CURRENT BUSINESS
21. NAMING OF PARK LOCATED AT THE CORNER OF JAMBOREE
ROAD AND PACIFIC COAST HIGHWAY (PCH).
Mayor Ridgeway stated that the Parks, Beaches & Recreation
Commission narrowed down the names submitted to four, and that all of
the names submitted were included in the staff report.
Mayor Pro Tem Bromberg expressed his support for "Jamboree Park ".
Council Member Rosansky expressed his support for "Jamboree Bayview
Park ".
Council Member Webb stated that he supports "Back Bay View Park"
because the old Back Bay Drive came up through the site and was
probably the first road built on the easterly side of the bay. He stated
that this history would make it an appropriate name for the park. He
additionally noted that Jamboree Road was built in 1953 and went along
the side of the site, but that the jamboree activities occurred in the
Newport Center area and by the Corona del Mar High School,
Council Member Daigle stated that she is also in support of "Back Bay
View Park" due to the history in the name, as explained by Council
Member Webb.
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November 23, 2004
Council Member Heffernan also expressed his support for "Back Bay
View Park ".
Council Member Nichols expressed his support for the name, as well.
Motion by Council Member Webb to name the park located at the
corner of Jamboree Road and PCH "Back Bay View Park ".
Jim Hildreth agreed and stated that it was the main route into Newport
Beach, and would be fitting.
Linda Grant agreed and stated that history is important to the City.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb. Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
P. ITEMS REMOVED FROM THE CONSENT CALENDAR
11 MINUTES OF THE SPECIAL MEETING OF NOVEMBER 5, 2004
AND ADJOURNED REGULAR AND REGULAR MEETING OF
NOVEMBER 9, 2004.
Jim Hildreth referred to pages 1323 and 1324 of the minutes, and stated
that some of his comments were recorded correctly, but that others were
either left out or recorded incorrectly.
Motion by Council Member Webb to waive reading of subject minutes,
approve as written and order filed.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
3. FATS, OIL AND GREASE (FOG) CONTROL ORDINANCE.
Assistant City Manager kiff provided a copy of an amended ordinance,
which incorporated changes suggested by a couple of the council members
and the Acting City Attorney. He noted that the changes aren't
substantive. Assistant City Manager Iuff stated that the proposed
ordinance is similar to the current ordinance and complies with the
structure requested by the Regional Board. Additionally, he explained
that adopting the ordinance does not adopt the fees. This would occur in
July 2005 when the master fee resolution is adopted. Assistant City
Manager Kiff stated that other communities in the region may be
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November 23, 2004
INDEX
adopting ordinances that require grease interceptors for existing
restaurants, but that the City decided not to take this approach. He
explained that Newport Beach has a fairly aggressive inspection and
education program and that it should be given a chance.
Council Member Nichols stated that with air pollution regulations, the
tact is to bring everyone up to the same standards after a period of years.
He stated that the proposed ordinance does not do this. He suggested
that after five years, all restaurants should have a uniform requirement
for grease interceptors.
Jim Hildreth stated that the City has a habit of saying that water and the
environment are extremely important. He suggested that the fees
generated be used to bring everyone into compliance. Secondly, he
suggested that any work that is needed be done at a reasonable time of
day so that nearby residents and businesses aren't inconvenienced.
Council Member Heffernan referred to Council Member Nichols
comments and asked what Assistant City Manager Kiff felt about a five -
year compliance rule. Assistant City Manager Kiff responded by stating
that the City has always been on the leading edge of water quality. He
felt that inspection and education should be given a try to see if it might
not be more effective than requiring the installation of interceptors. He
noted that a new provision in the proposed ordinance is the requirement
for a restaurant that is not in compliance to install an interceptor.
Council Member Heffernan confirmed with Assistant City Manager Kiff
that he feels that the requirements in the proposed ordinance will result
in compliance. Assistant City Manager Kiff added that if they do not, he
would not hesitate to come back to the City Council with a
recommendation to change the ordinance. Assistant. City Manager Kiff
acknowledged members of the Utilities Department staff and Assistant
City Manager Wood for their assistance in working on the issue.
Council Member Nichols stated that a $25,000 per day fine for violations
is ridiculous. He suggested that the fine be lowered to $500 or $100 per
day. He explained that a higher fine is an example of what keeps people
from going into business because of the liability. A more reasonable fine
would still produce the desired result and would also make enforcement
more equitable among the various businesses.
Council Member Rosansky asked if the fine applies to violations of the
Clean Water Act or violations of the City's municipal code. Assistant City
Manager Kiff stated that it applies to violations of the Clean Water Act
and is an existing fine. Violations to the City's code would be handled
administratively and lower fines would be imposed.
Motion by Council Member Webb to introduce Ordinance No. 2004-
x7, as modified, amending Chapter 14.30 of the NBMC to reflect new
wastewater system requirements of the Regional Board and pass to
second reading on December 14, 2004.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor
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Ridgeway
Noes: None
Abstain: Nichols
Absent: None
4. CODE AMENDMENT NO. 2003 -003 — AMENDMENT TO
MODIFICATION PERMIT PROCEDURES TO REQUIRE
ADDITIONAL FINDINGS AND REPLACE THE MODIFICATIONS
COMMITTEE WITH A ZONING ADMINISTRATOR (PA 2003 -080).
Dolores Otting read from the public hearing notice that she received for
the item. She specifically noted that it referred to fees and that these
were described in the staff report as being established by resolution.
Ms. Otting asked when the fees were discussed and when the resolution
was adopted.
Mayor Ridgeway explained that fees are established by resolution by the
City Council in July of every year. Assistant City Manager Wood added
that there are no fee changes to modification permits included in the
proposed ordinance. Ms. Otting also asked if a new person would be
hired. Assistant City Manager Wood stated that no new position is being
requested or authorized.
Motion by Mayor Pro Tem Bromberg to adopt Ordinance No. 2004 -25
approving Code Amendment No. 2003 -003.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT
WITH WRC CONSULTING SERVICES FOR PREPARATION
OF THE NEWPORT BOULEVARD WETLANDS PROJECT
CONSTRUCTION DOCUMENTS.
Council Member Nichols requested a description of the project and stated
that he was unable to locate where the work would be taking place. He
noted that silt is building up in the boat harbor and that dredging should
possibly be considered instead. Additionally, he stated that he spoke
with the Harbor Master who reported that oil sheens are infrequent.
Mayor Ridgeway explained that the agreement under consideration is
for a design to prevent contaminants from coming down Newport
Boulevard into the canals and that the matter has already been
addressed by the Coastal/Bay Water Quality Citizens Advisory
Committee and professionals in the industry.
Council Member Webb noted that a side benefit to removing the
contaminants is that the silt would also be collected and removed before
it gets to the bay.
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City Council Minutes
November 23, 2004
Council Member Nichols stated that the contract is not described in the
staff report and he was unable to locate the V -ditch that was referred to.
Public Works Director Badum offered to meet with Council Member
Nichols if additional information was desired. Council Member Nichols
added that a map wasn't included to show the watershed where the water
is being collected from. Assistant City Manager Kiff described the area
and stated that in order to meet the deadlines of the State grant that the
City received, the project needs to be started soon. In response to Council
Member Nichols' concern that the V -ditch doesn't appear to have enough
capacity to hold the amount of water that comes down, Assistant City
Manager Riff explained that the area would be expanded and wetlands
created.
Motion by Council Member Webb to approve a Professional Services
Agreement with WRC Consulting Services, Inc. (6PRC) of Anaheim for
preparing planning and construction documents for the Newport
Boulevard constructed wetlands at a negotiated fee of $72,982 and
authorize the 1'%4ayor and the City Clerk to execute the agreement.
Mayor Ridgeway requested that staff include graphics in the staff reports
for future contracts.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
14, PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 —
SANTA ANA HEIGHTS (AREA BOUNDED BY MESA DRIVE,
CYPRESS STREET AND A PORTION OF ORCHARD DRIVE).
Jim Hildreth stated that the proposed district is in an equestrian area
and he hoped that the City would be working with the horse owners
during construction. He explained that horses get spooked easily.
Secondly, he hoped that the City would be testing the water that will
collect in the vaults.
Council Member Daigle reported that the project should be completed by
2008 and that it will provide a benefit to the community in regard to
aesthetics and safety.
Motion by Council Member Daigle to schedule a public hearing for
7:00 p.m. on January 11, 2005 to determine whether or not an
Underground Utilities District should be formed in Santa Ana Heights
along Mesa Drive, Cypress Street, and a portion of Orchard Drive, using
the procedure of Chapter 15.32 of the municipal code.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
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Underground
Utilities District
No. 19 — Santa
Ana Heights
(89/100 -2004)
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City Council Minutes
November 23, 2004
Ridgeway
Noes: None
Abstain: None
Absent: None
16. BROWN ACT INFORMATION RELATING TO AGENDAS.
Dolores Otting provided a handout of California Government Code
Sections 54950 and 54954.2. She read from the information and
explained that it's a preamble to the Ralph M. Brown Act, and that the
purpose of providing a description of an item that is to be addressed by a
public agency is for the public to be informed adequately enough to
determine if they are interested in participating in the discussion on that
item. Ms. Otting referred to page two of her handout, which included the
public hearing notice for an item and the wording from both of the
agendas that it appeared on. She stated that the City doesn't always
accurately or fully describe items on the agendas.
Jim Hjldreth agreed with Ms. Otting and stated that the Brown Act is
being violated by the City. He cited a couple of examples.
Motion by Council Member Webb to receive and file.
Mayor Ridgeway stated that the City does not violate the Brown Act.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
.Abstain: None
Absent: None
S22. SECOND AMENDMENT TO DEVELOPMENT LOAN AGREEMENT
WITH NEWPORT HOUSING PARTNERS, L.P. AND BUDGET
AMENDMENT TRANSFERRING $250,000 FROM GENERAL
FUND AFFORDABLE HOUSING RESERVE TO LOWER BAYVIEW
LANDING SENIOR HOUSING ACCOUNT.
Dolores Otting stated that when she was campaigning, she was asked
about this senior housing project every day and that she pulled the item
so that the public could be informed about it.
Mayor Ridgeway stated that the project is for a 120 -unit senior affordable
housing project, directly below the newly named "Back Bay View Park ".
The developer has reported that they have over 400 unsolicited names on
a list. Mayor Ridgeway stated that a lottery will likely be used to allocate
the units.
Council Member Nichols asked what the City's total commitment is on
the project. Assistant City Manager Wood reported that the original loan
amount was for $1 million with the possibility of an additional $500,000 if
the project became subject to prevailing wage. She stated that
construction costs rose during the time it took to get Coastal Commission
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November 23, 2004
approval and go through litigation.
Motion by Mavor Pro Tem Bromberg to 1) approve, and authorize the
Mayor and City Clerk to execute the Second Amendment to Development
Loan Agreement between the City of Newport Beach and Newport
Housing Partners, L.P.; and 2) approve a budget amendment (05BA -029)
to appropriate $250,000 to Bayview Senior Affordable Housing Project
(Account 7026- C2700795) from the General Fund's Affordable Housing
Reserve.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
Q. MOTION FOR RECOI�'SIDERATION None
R. ADJOURNMENT at 11:07 p.m. in memory of Jane Robinson.
The agenda for the Regular Meeting was posted on November 17, 2004, at
2:00 p.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 November 19, 2004, at 3:45 p.m. on the City Hall Bulletin
Board located outside of the City of Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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