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HomeMy WebLinkAbout01 - 03-25-2003April 8, 2003 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session March 25, 2003 - 4:00 p.m. INDEX ROLL CALL Present: Heffernan, Ridgeway, Adams (arrived at 4:10 p.m.), Webb, Nichols, Mayor Bromberg Absent: Proctor CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 7 (Grant Agreement with the California State Library), Council Member Heffernan asked if there is a deadline to start and complete the construction. He also requested clarification about the contingency in Section 10 and asked whether the economic times could affect the State's ability to uphold the grant. Regarding Item 6 (Playground Equipment Purchase), Council Member Nichols believed that the playground project at the Grant Howald Park was completed. City Manager Bludau reported that the swings that are currently there are for a different age group, but this project is for younger children. 2. CORONA DEL MAR STATE BEACH IMPROVEMENTS. Assistant City Manager Kiff reported that the Corona del Mar (CdM) State Beach is a California State Park owned facility that is operated by the City and stated that the City has an operating agreement with them that expires in 2035. He indicated that some of the structures that were built from 1950 to 1970 were taken down recently because concrete pieces were falling off them. He stated that the City applied for and received about $480,000 in Proposition 12 grants. Further, $1 million from the American Trader Oil Spill Settlement has been directed to this project. He indicated that the consultants think the City will need about $1.7 million to complete the project as envisioned. Mr. Kiff reported that a survey was mailed October 2001 to everyone living coastward of Coast Highway. He stated that about 180 responses were received back which generally indicated that they do not want a full- service restaurant there. He added that they also met with City personnel who use the facility to determine their ideas and constraints, received input from Council :Member Nichols, and presented the Parks, Beaches & Recreation Commission (PB &R) with a similar presentation on March 4. He indicated that they held a noticed public workshop on March 10. He reported that they would like Council's input on the design concepts and will be coming back to PB &R and Council in May for concept approval. He stated that people can find out more information on the City's website (www.city.newport - beach.ca.us) under "general information', then "Corona del Mar State Beach ". He added that there is also an email link to send comments. Volume 56 - Page 42 CdM Beach Improvements (62) City of Newport Beach Study Session Minutes March 25, 2003 INDEX Roberta Jorgensen, Robbins Jorgensen Christopher, stated that the process so far has involved a lot of listening which they have tried to incorporate into an early concept. She stated that they will be asking Council for comments and recommendations since they have more ideas than money, and also requested Council's help in prioritizing the project. She utilized a PowerPoint presentation and highlighted the design objectives. She noted that they have not designed any architecture at this point. She reported that, after the public workshops, it was decided to set aside consideration of changing the number or size of the fire pits and relocating the volleyball courts since important decisions needed to be made first. She stated that they are recommending that those decisions be addressed separately so they do not hold up the project. She added that there is an issue with the Coastal Commission and their view of what is important for fire pits and volleyball courts that also needs to be discussed in a separate discussion. She stated that they do not assume the beach will become less popular or be used to any greater degree than it is today since this is mostly controlled by parking and they are not changing the number of parking spaces. Ms. Jorgensen utilized aerials to show the existing beach facilities and proposed facilities. She stated that the existing building is about 4,000 square feet, but the current proposal is for a 4,597 square foot building. She indicated that the shade structures that were falling apart were about 5,000 square feet, but they are proposing a smaller structure that will probably be attached to the building around the restrooms. She stated that the lineal frontage is currently 215 feet, but it would be half that in the proposed scheme. She noted that the paving and walkways do not include parking, and added that they are proposing to increase the landscaped area. Ms. Jorgensen highlighted the square footages for the proposed restrooms, lifeguard substation, the Marine Life Refuse Supervisor's office, tidepool storage, and concessions building. Jason Briscoe, Robbins Jorgensen Christopher, reiterated that they have held several meetings and workshops to present a number of schemes. He stated that one of the comments they have heard is that the grass area is a precious area, is used by the kids when they tour the tidepools, and people like to use it when they are at the beach. He indicated that their plan takes the limited grass area and spreads it out across the beachfront. He noted that there is a fair amount of raised planters that are not accessible, so they are proposing to use those areas for lawn -grade turf. He added that the current sidewalk along the beach is narrow and there is an ankle -high wall that is falling down, but the proposed walkway will be wider, have varying widths, can accommodate more people, and the grass area can function as a staging area for the tidepool groups. Mr. Briscoe reported that they are proposing to relocate many of the existing trees and add a few new palms. He stated that the two side buildings would have restrooms and outside showers, and the building in the center will house the lifeguard station and the concession area with a small tower. He added that they also envision integrating shade structures with the concessions area. He noted that, in one of the schemes, the lifeguard facilities are modular so it can be brought down for seasonal use. He stated that this will reduce the number of permanent buildings on the site to preserve views. Mr. Briscoe stated that the reconfigured entry drive is being proposed due to public safety issues. He believed that the benefit of moving the parking attendant south is that the queuing space will be increased and some of the traffic problems will be eliminated as best as possible. Further, the intersection will be cleaned up so the permanent residents have a much easier time. Ms. Jorgensen added that Volume 56 - Page 43 City of Newport Beach Study Session Minutes March 25, 2003 INDEX cost information is included in the PowerPoint presentation. Bruce Schweitzer stated that he has played volleyball at CdM for about 20 years. He indicated that the problem with the fire pits is that the smoke travels from left to right. He believed that Scheme C is the best option since it moves the volleyball courts to the end of the beach. He indicated that volleyballs can get lost over the seawall if they are situated near it. Gordon Kilmer stated that he has been the concessionaire at CdM for many years. He believed that two restrooms are necessary and that two concession areas probably are too. He indicated that there is tremendous pressure during the summer weekends and stated that it needs to be safe. Laura Dietz stated that she attended the March 10 unveiling of the proposed changes. She indicated that she is pleased with the proposal; however, expressed concern about public safety, noting that there was a sexual assault in the women's facility sometime within the last two years. She stated that the design can be an impediment and asked for some consideration for safety be implemented in the design. Council Member Nichols believed that the original concept has many advantages over the proposal. He indicated that people believe that a larger staging area for cars will create traffic problems and suggested having a shorter staging area. He stated that the beach has been developed over 40 years into its current configuration and has been worked on by the various groups, believing that it has worked out well. He indicated that he does not believe that there is any statistical evidence or a reason for a lifeguard tower that will block the views of all the homes in the lower area. Further, there are three lifeguard stations for only 1/3 of a mile of beach and there is no bad surf or reason for that many lifeguard stations. He indicated that the original configuration with changing rooms makes sense. He noted that 70% of the people responding want things to stay basically the same and stated that the City needs to listen. Mayor Pro Tem Ridgeway believed that this is an opportunity for master planning. He indicated that there is a problem with balancing the interests of tourists and the neighborhoods. He noted that the winds generally move westerly and asked that this be taken into consideration when looking at the operational aspects of the project. He added that nice fascia is appropriate for the architecture. Mayor Pro Tem Ridgeway stated that the City should look at Huntington Beach's restroom spacing and its concessionaires. He expressed his support for lifeguard presence and the building, adding that it is critical to this beach because of the amount of use it gets. Regarding the parking lot, he stated that it is completely asphalted and suggested that islands be installed and more palm trees be planted to soften it, similar to the Balboa Pier. Council Member Adams asked why changing rooms are not being recommended and why there is no increase in the size of the men's restrooms. He indicated that he likes the increase in the lawn area and agreed with the lifeguard presence. Ms. Jorgensen stated that they worked on the restroom count with staff, but they can revisit it. She added that they did not receive comments that changing rooms were still in demand. Volume 56 - Page 44 City of Newport Beach Study Session Minutes March 25, 2003 Council Member Heffernan asked what the revenue and expenses are for the site, how many users there were last year, and whether there is potential for having a temporary double parking kiosk so twice as many people can be assisted or divert them into the two parking fields. 3. PLANNING DEPARTMENT STAFFING LEVELS. Planning Director Temple reported that, as a supplemental request, the Planning Department requested two additional positions. She stated that Council discussed this and concurred that additional staff should be considered. She indicated that this occurred in association with a discussion about reforming their fee schedule to improve the department's cost recovery for services. She reported that the fee resolution was amended and new fees were enacted. She requested that Council now consider adding an Associate Planner and Assistant Planner to the department's budget. City Manager Bludau recommended that Council authorize both positions, but only fill one position at this time due to State budget issues and since this is a tighter budget year. Mayor Bromberg indicated that the City applauds itself for providing the best service even though it costs more. He believed that the department is already stretched thin and asked how desperate the City is for the two positions. He stated that, if the City is desperate, this should be done now. Mr. Bludau believed that the City is desperate for one position and could really use the second. He stated that it is always a balance to provide a high level of service, especially when money is tight. Mayor Bromberg noted that the staff report indicates that there are many required services that the City is unable to perform or perform as timely as it wants to, and asked if one staff person would cure this problem. Planning Director Temple indicated that the Mayor is referring to legal mandates that they are not currently fulfilling, i.e. monitoring development agreements, affordable housing contracts, and the new Housing Element. She believed that it would be very difficult to start doing these things without the second person; however, no one has gotten upset with the City yet for not doing some of those things. She believed that it has been four years since the development agreements have been monitored, even though it requires yearly monitoring reports. Mayor Bromberg indicated that he is in favor of staffing both positions. Council Member Adams stated that he is opposed to adding permanent staff at this time. He indicated that he would like to see an estimate of what the manpower needs are going to be over the next 10 to 20 years. He stated that, if it can be demonstrated that there is a sustained need for additional staff, he would consider supporting it. He indicated that, if this is something that is related to Newport Coast and is short term, he believed that the City should look at contracting out these positions and bringing in a full-time, in -house contracted service. He noted that it is nearly impossible to let someone go from the public sector and there is long term medical and retirement benefits involved. He believed that you can find someone quicker and get a higher quality employee by using a contract service. Mr. Bludau indicated that they did not consider contracting out.this service, but Ms. Temple told him that it seems like the Planning Department projects have been more complex as time goes on. He agreed that some of the planning services can be easily contracted Volume 56 - Page 45 INDEX Planning Department Staffing Levels (68) City of Newport Beach Study Session Minutes March 25, 2003 out; however, it would cost the City more money to do this for day -to -day services. He believed that, in the long term, there will be turnover since people will retire or accept other positions elsewhere. He stated that a position could be frozen or eliminated at that time. Ms. Temple reported that they use contractors for many planning activities, like Community Development Block Grant (CDBG) management, Business Improvement District (BID) administration, and California Environmental Quality Act (CEQA) reviews. Further, they have used contract staff consistently for the last four years, but it has gotten to the point where they are basically full-time people and the work is not going away. She indicated that she would not have come before Council if she did not think it was long term. She stated that the workload is sustaining and is much more difficult and complex. Further, the administration of local zoning regulations is so peculiar and unique to each community that it is better to have staff that is trained for this. Council Member Webb stated that it appears to him that, every time the City tweaks ordinances or zoning codes, more requirements are added that staff has to figure out. He believed that the Planning staff has worked diligently to try to provide the services needed and that they deserve to have what is necessary to implement all the rules and regulations that Council sets. Mayor Pro Tern Ridgeway stated that he will support the request since he thought this was overdue when he was on the Planning Commission. He reported that, since 1995, the permit valuation has consistently been over $200 million, except for one year. He indicated that a number of citizens have complained about service here, but he has seen Planners working until late, there are a number of projects moving forward throughout the City, and they have projects being delayed. He agreed that the complexity of the codes and coordination between the Planning, Building, and Public Works Departments has increased. Further, there is a greater responsibility since the process has been streamlined, but there still needs to be a project coordinator. He believed that there will not be any decreases in the amount of modifications and/or remodels in the City. He suggested that Council visit the Planning Department to see their workload because they are overworked. He added that the positions pay for themselves. Mayor Bromberg directed staff to place a budget amendment on the City Council agenda to add two positions in the Planning Department with options for Council consideration- 4. STATUS OF CASTAWAYS PARK REVEGETATION PROJECT General Services Director Niederhaus distributed copies of the PowerPoint presentation and reported that, at a previous Council meeting, Council Member Webb asked if there was the possibility for dual use of Castaways Park to have ornamental turf in the center with permanent irrigation to allow for more active use of the park. He introduced Park and Tree Superintendent Lomelli and Park Maintenance Supervisory Kearns, and stated that 8 of the 12 members of the Castaways Park Advisory Committee are in attendance. He reported that this area is a remnant of the historic upland habitat, is a 17 acre parcel, is part of a park system that includes Bob Henry Park, is supposed to be planted with native plants, at a cost of about $230,000, and was brought before Council about Volume 56 - Page 46 INDEX Castaways Park Revegetation (62) City of Newport Beach Study Session Minutes March 25, 2003 INDEX a year ago for final approval before acceptance of a grant from the California Coastal Conservancy (CCC). He reviewed the history of the lot, noting that The Irvine Company developed the Castaways residential area in 1997 and transferred the park area to the City as part of the Circulation Improvement/Open Space (CIOSA) agreement. Further, in June 1998, the City dedicated the park as a natural park and the improvements included planting native plants around the perimeter, fencing, and trails. He stated that the Castaways Park was also the site of native plantings in 1999 and 2000, and that more improvements have been done mainly through donations. Mr. Niederhaus utilized an aerial and reported that Phase 1 is the location in which the turf grass is being proposed. He stated that, if it was turned into ornamental turf, it would be about 2.5 acres and cost about $50,000 to install turf and a permanent irrigation system. He noted that the area between the trail and the houses is a fuel modification zone and would be planted in native plants that are on the Fire Marshal's list. He stated that Phase 2 has up to eight sub -areas with different plantings. Mr. Niederhaus reported that they would install signs, displays, and borders in certain areas of the park to keep visitors from trampling the native plants in the pathways. He added that the City would need to use an ecologist to monitor and maintain the revegetation for three years, noting that the CCC agreement is for 20 years and commenced last year. He highlighted the committee's composition and reported that their objectives were to preserve the area as a natural park, restore the park to a self - sustaining ecological site, and obtain grants to pay for the restoration. He noted that the grant was issued in 2000 after the committee developed the revegetation plan that was brought before the Parks, Beaches & Recreation Commission (PB &R) and had a cost of about $230,000. He indicated that PB &R unanimously agreed to proceed with the grant application in June 2000 and the CCC approved the plan and authorized $99,600 in May 2002. He reported that Council approved a resolution directing staff to proceed in June 2002, and appropriated $75,000 from the current capital improvement budget to initiate the project. He added that the Nature Conservancy will soon confirm in writing its $55,400 share. He reviewed the grant requirements as outlined in the PowerPoint presentation. Mr. Niederhaus displayed photos of the existing conditions. He noted that the revegetation plan will be implemented in two phases and involves the removal of existing non - native plant species. He also displayed a list of sample plant palettes for the fuel modification area and the area along Dover Drive. He indicated that the committee believes that, if the City decided to plant non- native turf or ornamental turf, it would lose the grant funds from the CCC and the Nature Conservancy. Mr. Niederhaus reported that they had hoped to bring the implementation plan before Council in May 2003 for Phase 1, start Phase 1 in June, start Phase 2 in the fall, and complete the project by March 2004. In response to Council Member Nichols' question, Mr. Niederhaus indicated that Bob Henry Park is about 4.7 acres. He stated that it is the opinion of staff and many committee members that installing ornamental turf could make the project fall out of the CCC guidelines. Council Member Nichols believed that the City used to have a park ordinance that said that all parks had to be usable and suggested that there be a better balance. Mr. Niederhaus reported that Volume 56 - Page 47 City of Newport Beach Study Session Minutes March 25, 2003 INDEX Castaways Park is designated as a natural park in all City documents. Council Member Webb asked if the ecologist is included in the $230,000 estimate. Mr. Niederhaus indicated that it was not but believed that they could compare the ecologist's cost with the planting contractor since the agreement allows for one or the other. He added that he believed that having a contractor in the business who planted the plants and has an interest in their survival may be more economical, but he currently does not have a cost for this. Council Member Webb noted that the park is supposed to have trails but there would be no ability to run through the area or utilize the area except on the trails. Mr. Niederhaus concurred that there will be limited use in that area to protect the native plants since they are very fragile the first three years. He added that there would be regulatory signs asking that people not walk through the native plantings, plus there will be a demonstration area near the drinking fountain that will have all the species and description of what they are. Council Member Webb stated that he has had a number of people ask him why there could not be a grassy turf area that would make Castaways Park more usable for the public. He reported that the City originally spent $900,000, of which $450,000 was from CIOSA funds; the site is 17 acres which is probably worth $1 million per acre; and the agreement with CCC puts strict requirements on the City for 20 years to not do anything to the park except maintain the natural growth. He expressed concern that the City is giving up a lot for a relatively small sum of money. He believed that, if the City moves forward, there ought to be a way to come up with a compromise to have some grassy areas. He stated that he does not know why the entire site needs to be a natural habitat area and why the City could not use 1.5 or 2 acres for a grassy area. Further, he indicated that he is not aware of any significant outreach program to get public input of what the surrounding neighborhood would like to have, other than having a hearing before PB &R and having Council approve the agreement and grant application. Mayor Pro Tem Ridgeway stated that he would support an outreach to discuss whether some type of sod grass can be implemented into the overall plan for natural vegetation. He noted that he also supports the natural vegetation, but pointed out that the park is 17 acres of natural vegetation. He reported that, in the last couple of years, trees have been dedicated in the park that he does not believe are indigenes to the area, and questioned whether the spirit of the open space has already been violated because of this. He stated that he would support discussing a modified plan with the CCC so the City is not limited for 20 years. Mr. Niederhaus clarified that the coastal oak and the white alder trees are native to the area but normally do not grow this close to the coast. In response to Mayor Bromberg's question, Mr. Niederhaus reported that Castaways Park was designated a "natural park" in 1998 by Council. Further, it was designated as a natural park in the negative declaration that was done a year ago in association with the Local Coastal Plan (LCP). Mayor Bromberg stated that, if a natural park excludes the ornamental turf, the City may need to stick to what it initially agreed to. However, if a natural park provides for a greenbelt, then he would be okay with it. Volume 56 - Page 48 City of Newport Beach Study Session Minutes March 25, 2003 INDEX Mr. Bludau stated that it is up to Council to decide how much worth to give the CCC grant. However, he believed that the CCC would not fund the City any time in the future if it changed its direction on how the park should be developed and gave back the money. Mr. Niederhaus added that doing this would also alienate the Nature Conservancy and reminded Council that the City still has Newport Village and Bayview Landing as possibilities where grant applications may be submitted for native plantings. Elaine Linhoff believed that the current plan is a wonderful plan and that the goals for the park are terrific. She noted that most of the parks in the City have mowed turf that needs to be irrigated, and believed that there is room in the City for one natural park, especially since the City may be facing a shrinking budget and a water shortage. She asked if people can walk on the native grass once it is established. Mr. Niederhaus confirmed with Mr. Lomelli that this is possible after two to three years. In response to Mayor Pro Tem Ridgeway's question, Mr. Niederhaus confirmed that maintenance is involved with natural grass at a cost of about $20,000 a year. He clarified that, of the 17 acres of park, the 4.7 acres of flat area in the center compares favorably to the 5 acres at Bob Henry Park. He stated that the remaining 12 acres is terrain that is not useful. Allan Beek stated that there are many lawns in the City and that the decision was made several years ago to make Castaways Park the one place where people can see what the native grass in California was like before it was paved over. He noted that people can still fly kites, run, and have picnics once the native grasses are established. He stated that he supports having a neighborhood outreach to find out how they want Castaways Park to be utilized and developed, believing that the original design went forward without having this. He added that the remote control glider hobbyists were driven out with this design and stated that this should be reconsidered. Further, the decision to discourage or close off the footpaths that appear spontaneously across the park is a mistake. He suggested that the area immediately to the left of Phase 1 also be planted with native grasses since it is flat. Council Member Webb believed that the eucalyptus trees would be removed after four or five years and asked Mr. Beek if he was supportive of their removal to have some other type of tree that would not be as big. Mr. Beek indicated that he is impartial on this issue. Jan Debay stated that she was seated on Council in 1998 when there was a discussion about grass in the area. She noted that, with asphalt trails, the City does not really have a natural park and that the precedence has been set for some kind of compromise because of the presence of the asphalt. She stated that she would like to see Council Member Webb's suggestion carried out. She added that the trails make access wonderful for mother's pushing strollers and wheelchairs, and for the times when you want to spend quiet time when you make it to the edge of the park. She stated that people can go to the Back Bay if they want to see California the way it was before it was paved over. She added that she would also like to see some kind of study done. She suggested that the picnic tables be installed in the grass area to make it a "passive, with a little action park ". Volume 56 - Page 49 City of Newport Beach Study Session Minutes March 25, 2003 Iii Bo Glover, Executive Director of the Environmental Nature Center, stated that he was asked to chair the Castaways Park Advisory Committee four years ago to develop the park as a natural park. He explained that a "natural park" is a passive -use park that contains native, indigenes, and naturally occurring flora and fauna. Further, recreational pursuits in a natural park include walking, hiking, running, and nature observation. He indicated that he does not know the source of this definition, but it was the definition that was used by the committee and submitted to the CCC for the grant. He noted that he has been the direct contact to the CCC for a lot of the grant preparation. He reported that it is true that the CCC does not fund turf grass and will pull its funding from the project if turf grass is implemented; however, he believed that 2.5 acres may be negotiated. He stated that any turf that is put into the park cannot be paid for with the $225,000 that has been committed to the project. Council Member Webb clarified that it was not his intent to use the grant to pay for the turf grass. Mr. Glover expressed concern about future funding since a CCC representative stated that, "The City of Newport Beach would not be looked upon very highly by the Board of Directors." Mike Evans, owner of Tree of Life :Nursery, stated that he has been a member of the committee since its inception. He noted that his nursery has participated in many southland projects to provide native plants for jobs like this, but that he has no stake in the installation, maintenance, monitoring, or any of the work except to possibly supply plants to the contractor. He believed that the City would be giving up a lot if a turf -mowed lawn was planted. He agreed that this type of lawn is abundant in Southern California, and that this would be a great statement for the City to stick to the plan. He stated that he does not believe that the combination of turf use and passive use would be compatible. He added that the Metropolitan Water District (MWD) is initiating a huge campaign to endorse the planting of California native plants throughout its service district and will provide funds to cities in order to remove turf grass to plant native plants. He noted that the CEO of MWD is even planting natural plants at his home. Regarding the oak and alder trees, Mr. Evans stated that those were planted before the master plan was created so they do not count. Mayor Pro Tem Ridgeway clarified that the trees were planted after the master plan was developed. Mr. Evans encouraged everyone to visit the Rancho Santa Ana Botanical Garden in Claremont which is a garden dedicated to California native plants or see the meadow at the Santa Barbara Botanic Garden. Further, he noted that the project is already behind schedule because the plants need to be installed during the cool season. He stated that he endorses having picnic tables. He pointed out that turf requires irrigation and feeding, creates runoff, creates noise from the mowers, and the clippings would need to be hauled to a landfill, compared to a self - sustaining park that was already approved by Council. Mr. Evans explained that "grassland" includes flowering plants and grass species to form a meadow that can be explored via paths throughout the flat area. He added that people can walk on native grass. He confirmed that, if the native grass is left without any supplemental irrigation, it will be green during the rainy season and brown during summer. He noted that this plan includes supplemental irrigation on the flat parts to keep the native meadow /grassland greener and prettier during the summer. He confirmed that the natural grass is about 12 inches long and is not normally mowed and stated that the picnic table Volume 56 - Page 50 City of Newport Beach Study Session Minutes March 25, 2003 INDEX areas would have to be cleared and decomposed granite or a low ground cover would need to be used underneath the tables. Coralee Newman stated that she is before Council with some of her neighbors, Elizabeth Parkinson and Maggie Hayes, who support a natural park, but would like a portion of it to be a playable, usable area for families and children. She believed that the park would get more use than what the native grasslands would provide. She stated that everyone in Newport Heights are very supportive of the Environmental Nature Center, have volunteered there, and their children have participated as volunteers. She believed that the Center is the statement of what a California native habitat looks like and stated that children from all over the County go to the Center to see this type of environment. Ms. Newman expressed hope that Council will agree to have some type of community outreach with the Castaways, Cliff Haven, Newport Heights, and Bayshores neighborhoods. She stated that she agrees with Mr. Beek that people should use the existing paths and continue to use them in the way they have historically been used. She noted that this is a 17 acre park in one of the most prestigious places in the City and believed that there should be a compromise between a natural park and a park that can be used by the community at large. Val Skoro stated that he was on the committee and they did not formally have an outreach program. He stated that he would like to see the park made more user - friendly by adding picnic tables and some type of turf. He added that, when you sit on the benches that are currently there, you cannot see the magnificent view and asked if viewing spots can be added that can enhance the ambience. Regarding maintenance, he believed that the City probably does not want to undermine the grant requirements. He stated that someone told him that the park has an elitist view, but believed that a park should be for the City at large. He commended Dr. Vandersloot for all the work he has done in the park and Mr. Glover for getting the grants. Jack Keating, President of the Newport Bay Naturalists and Friends, stated that they operate at the Upper Newport Bay. He indicated that a major part of the mission is to restore and preserve the native habitat of the Upper Newport Bay and its surroundings. He stated that they educate people about restoring as much of the habitat as they can in this area to a native state. He expressed their support of Mr. Glover's work and all those speaking in favor of keeping the park in a natural state. He agreed with Mr. Skoro that the view is beautiful and that he would like to see picnic tables there. Dr. Jan Vandersloot stated that he has been involved with the Castaways Park issue since 1987. He indicated that he believes that there has been public outreach, noting that they spent several years in the mid -1990s discussing iterations of the park. He believed that one of the reasons that the public is looking to change the park to include turf grass is because the central park does not appear as pretty as it did when it was fast planted in 1998 and contributed this to the premature withdrawal of the temporary irrigation system and three subsequent years of drought. He suggested that the City follow CCC's revegetation plan and correctly replant the area with native grass and keep the irrigation system until the grass is restored. He believed that turf grass can be creatively planted in Area 7 near the benches and be intertwined with the Volume 56 - Page 51 City of Newport Beach Study Session Minutes March 25, 2003 native wildflowers. He added that this may be accomplished within the parameters of the CCC grant so the City would not lose it. However, if the City tried to put turf in the central 2.5 acres, the CCC would pull its grant money and the City would be jeopardizing any future CCC funding opportunities. Dr. Vandersloot agreed that the City should stay with what was agreed to. He asked that the City give the area a chance since the funding is in place. Don Thomas stated that he frequently uses Castaways Park and that he was pleased when the City was able to obtain the view site when it developed the Castaway homes. He indicated that saltbush was planted the entire length of the view corridor in front of the homes, but believed that having saltbush is like having a four foot high concrete wall between you and the view of the water since your view is obstructed when you walk through the park. He stated that he attended a committee meeting several months ago in which they said they were going to reseed or replant the area and remove the saltbush, but no one has mentioned that tonight. He emphasized that views are what Newport Beach is all about, but little children cannot see through the saltbush to see the water. He expressed his support of a lawn area in the center area, noting that the point is a small area and families cannot use it because they would be on top of each other. He explained that there are so many lawns in the City because people like grass since it is user - friendly. He stated that one of the reasons people said to keep the saltbush was to keep people from going across the fence to the edge of the bluff on the Fourth of July. He asked how much it costs the City to keep the saltbush trimmed and hauled off compared to having a security guard on site once a year. Council :Member Webb reported that the work plan for Area 2 along the bluff does state that they would eradicate two - thirds of the saltbush. Mr. Niederhaus added that all of the saltbush from the top of the bluff to the base will be removed because it is a major maintenance expense for the City. Mr. Bludau suggested having City staff get together with the CCC to explore options that would not hurt the funding grant. Mayor Bromberg agreed and suggested including Mr. Glover in the discussions. Mr. Bludau noted that the CCC does not fund big grants but has about $400 to $500 million of Proposition 50 and Proposition 40 water quality and habitat restoration money available. He stated that the City will be going to them to fund the Big Canyon project which will be about $3 million. Mayor Bromberg requested that staff find out if an outreach program happened. He noted that the project is supposed to start in June but believed that an outreach program would not be unreasonable. He asked if the City violated the Council decision from 1998 when it planted trees and installed asphalt walkways in the park. Mayor Pro Tern Ridgeway stated that he respects all the speakers and believed that Dr. Vandersloot's idea about the grass and picnic tables has merit. He added that he also supports Mr. Bludau's suggestion to meet with the CCC and to include Mr. Glover and Council Member Webb in the discussions to reach a compromise. He stated that an outreach would also be appropriate. PUBLIC COMMENTS - None. Volume 56 - Page 52 10 -01 City of Newport Beach Study Session Minutes March 25, 2003 ADJOURNMENT - at 6:10 p.m. The agenda for the Study Session was posted on March 19, 2003, at 2:15 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 53 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting DRAFT March 25, 2003 - 7:00 p.m. L/ /C_ INDEX STUDY SESSION - 4:00 p.m. CLOSED -SESSION- 6:10 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: Proctor C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Ridgeway. E. INVOCATION - Jim de Boom, Executive Director, Newport Mesa Irvine Interfaith Council. F. PRESENTATIONS Presentation by the National Committee for Employer Support of the Guard and Reserve (contd. from 2/25/03 & 3/11/03). Utilities Operations Manager Ed Burt introduced Utilities Department employees Gary Tegel and Bill Genslinger, who were present at the meeting. Manager Burt explained that there are a total of eight employees who serve in the Guard and Reserve, and that two of them are currently activated. He presented the awards from the National Committee for Employer Support of the Guard and Reserve to Mayor Bromberg and City Manager Bludau. Manager Burt thanked the City Council and the City Manager for their support. Mayor Bromberg expressed his gratification for the service of the Guard and Reserve. Newport Beach Film Festival 2003. Gregg Schwenk, Executive Director of the Newport Beach Film Festival, distributed programs for the 2003 festival, which runs from April 3rd through the l lth. He stated that over 1,000 screenings were submitted for the 2003 festival and that approximately 300 were selected. Mr. Schwenk provided details on some of the events and various aspects of this year's festival, and the outreach being done in the community. Lastly, in recognition of those who serve, protect and defend, Mr. Schwenk announced that 5% of the seating capacity during this year's festival would be designated for men and women in uniform, at no charge. Mr. Schwenk stated that additional information on the festival can be obtained by accessing their website at www.newi)ortbeachfrlmfest.com or calling 949 - 253 -2880. Volume 56 - Page 54 City of Newport Beach City Council Minutes March 25, 2003 Relay for Life. Peggy Fort, on behalf of the American Cancer Society, encouraged community participation in the 2nd Annual Newport Beach Relay for Life event, which takes place May 2 and 3, 2003, at Newport Harbor High School. Ms. Fort stated that Relay for Life is a fun and unique 24 -hour team walking event to increase cancer awareness, while raising funds for the American Cancer Society's programs and services. Ms. Fort stated that information on the services provided by the American Cancer Society can be obtained by calling 800- ACS -2345 or by accessing their website at www.cancer.ore. Ms. Fort stated that this year's event in Newport Beach is being co- chaired by City Manager Bludau and Pat Smith, a local resident and cancer survivor. Ms. Fort announced that on April 7, 2003, at 7:00 p.m. in the Council Chambers, there would be an informational meeting for team captains. The deadline to register a team is April 28, 2003. Additional information can be obtained by calling 949 - 567 -0634. Mayor Bromberg acknowledged Ms. Fort for her efforts. He stated that those interested in joining his team, the Council Critters, can obtain information by calling 949 - 644 -3004. 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) — None. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES 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. RESOLUTIONS FOR ADOPTION 3. ADOPT RESOLUTION FOR STREET SWEEPING ON COLTON STREET. 1) Adopt Resolution No. 2003 -16 establishing NO PARKING restrictions for street sweeping on Monday from 8:30 a.m. to 12:30 p.m. on Colton Street in West Newport from Seashore Drive to Ocean Front; and on Tuesday from 9:30 a.m. to 12:30 p.m. on the east side of Colton Street from Coast Highway to the northerly end of street; and on Wednesday from 9:30 a.m. to 12:30 p.m. on the west side of Colton Street from Newport Shores Drive to northerly end of street; and 2) rescind Resolution No. 2003 -04. 4. SALE OF BONDS FOR UNDERGROUND ASSESSMENT DISTRICT NO. 70 BAYSHORES. 1) Adopt Resolution No. 2003.17 which sets forth the terms and conditions for the sale of bonds and approves the Purchase Agreement submitted by the designated underwriter for Assessment District No. 70; and 2) approve a budget amendment (BA -058) adjusting revenue estimates in Account No. 400 -6970 in the amount of $1,463,310 to reflect contributions from Volume 56 - Page 55 INDEX Res 2003 -16 Street Sweeping Restrictions/ Colton Street (85) Res 2003 -17 BA -058 Underground Assessment District No. 70/ Bayshores (40/89) City of Newport Beach City Council Minutes March 25, 2003 INDEX Volume 56 - Page 56 property owners and the sale of bonds and increase expenditure appropriations in the amount of $1,399,310 in Account No. 7401 - 05200483 to accommodate contributions costs. 5. Item removed from the Consent Calendar by Council Member Nichols. CONTRACTS AND AGREEMENTS 6. BONITA CREEK, GRANT HOWALD, CHANNEL PLACE, AND Playground SAN MIGUEL PARKS — APPROVAL OF PLAYGROUND Equipment EQUIPMENT PURCHASE (contd. from 3111(03). 1) Approve the (62) purchase of new and replacement playground equipment from Coast Recreation, Inc. for Bonita Creek Park, Grant Howald Park, and San Miguel Park for a total contract price of $88,086; and 2) approve the purchase of replacement playground equipment from Pacific Design, Inc. for Channel Place Park for a total contract price of $22,921. 7. APPROVAL OF GRANT AGREEMENT BETWEEN CALIFORNIA C -3607 STATE LIBRARY AND THE CITY OF NEWPORT BEACH. Library Grant Approve the Grant Agreement between the California State Library and Agreement the City of Newport Beach and authorize the Mayor and the City Clerk (38) to execute the Agreement. 8. Item removed from the Consent Calendar by Council Member Nichols. 9. TEMPORARY EMPLOYMENT AGREEMENT WITH RON C -3608 GARRETT. 1) Approve a temporary employment agreement with Ron BA -055 Garrett in the amount of $15,000 and authorize the City Manager to Employment execute the Agreement; and 2) approve a budget amendment (BA -055) Agreement to transfer $15,000 from Account No. 5200 -7000 (Salaries - Misc.) to (38/40) Account No. 5200 -7020 (Part -Time Salaries). 10. CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE C -3505 (C -3505) — COMPLETION AND ACCEPTANCE. 1) Accept the work; CDM Community 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Youth Center the City Clerk to release the Labor and Materials bond 35 days after the Drainage Notice of Completion has been recorded in accordance with applicable (38) portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 11. MEMORANDUM OF UNDERSTANDING (MOU) WITH MARINE C- 20581MOU SAFETY OFFICERS ASSOCIATION. Approve and authorize the Marine Safety Mayor and City Clerk to execute the MOU. Officers (38) 12. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES C -3609 AGREEMENT WITH GAIL PICKART. 1) Approve Amendment No. 1 BA -059 to On -Call Engineering Services Agreement and authorize the Mayor On -Call and the City Clerk to execute the Amendment; and 2) approve a budget Engineering amendment (BA -059) transferring $20,000 from Account No. 5200 -7000 Services (Salaries — Misc.) to Account No. 5200 -8080 (Professional & Technical Agreement Services). (38/40) Volume 56 - Page 56 City of Newport Beach City Council Minutes March 25, 2003 13. Item removed from the Consent Calendar by Mayor Pro Tern Ridgeway. MISCELLANEOUS ACTION 14. BUDGET AMENDMENT — TENNIS RESERVE ACCOUNT. Approve a budget amendment (BA -060) to transfer funds in the amount of $14,263 from Tennis Reserve account 010 -3742 and appropriate $12,660 to expenditure account 4330 -8080 and $1,603 to account 4330- 8200 to permit the enhancement of the City's recreational programs. 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (BA -056) in the amount of $11,856. 16. GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PLANNING GRANT AWARD "EVERY 15 MINUTES — SUBSTANCE ABUSE PROGRAM ". 1) Approve acceptance of $23,492 grant from the State of California Governor's Office of Criminal Justice Planning (OCJP A301); and 2) approve a budget amendment (BA -057) increasing expenditure appropriations by $26,102 in the Police Substance Abuse program account 1850 -9019. This proposed expenditure would be offset by increased grant revenue estimates of $23,492 in account 1820 -4869, while the remaining $2,610 (required City matching funds) will be funded from the Police Department Narcotics Asset Forfeiture Fund in account 1210 -9300. 17. 813 EAST BALBOA AVENUE — GENERAL PLAN AMENDMENT INITIATION NO. 2003 -002 (PA2003 -050) — REQUEST TO INITIATE A GENERAL PLAN AMENDMENT AND AN AMENDMENT TO THE LOCAL COASTAL PROGRAM TO CHANGE THE LAND USE DESIGNATION ON A SINGLE LOT FROM RETAIL AND SERVICE COMMERCIAL TO TWO FAMILY RESIDENTIAL. Approve the proposed General Plan Amendment and Local Coastal Program Amendment initiation request. Motion by Mavor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 5, 8 and 13). The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 11, 2003. Volume 56 - Page 57 Ifs I1�1 BA -060 Tennis Reserve Account (40/62) F-T.T Literacy Services (40/50) BA -057 Substance Abuse Program (40/70) GPA Initiation No. 2003 -002/ PA2003 -050/ 813 East Balboa Avenue (45) City of Newport Beach City Council Minutes March 25, 2003 Jim Hildreth referred to Volume 56, Page 28 and requested that the tape be reviewed and his comments be corrected. Specifically, he stated that at the meeting of March 11, 2003, he said that he received only a harbor permit from the City for the Grand Canal, that there must have been a reason for the ladder being installed, that the City ladder is uninsured and that he mentioned the Public Works Director by name, not title. Motion by M or Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Noes: None Abstain: None Absent: Proctor Webb, Nichols, Mayor Bromberg 5. RESOLUTION AMENDING MEMBERSHIP PROVISIONS OF THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). Council Member Nichols asked what committees would be affected by the recommended action. Mayor Bromberg stated that the recommended action would allow for members to be appointed from out of district and confirmed that it would only affect EQAC. Council Member Nichols stated that it also might be worthwhile to make the same modification to the Aviation Committee, noting that he currently doesn't have any candidates for his appointments. He requested that anyone within his district who is interested in serving on the committee submit an application to the City. Motion by Mayor Pro Tem Ridgeway to adopt Resolution No. 2003 -18 amending membership provisions of EQAC. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 8. NEWPORT TERRACE LANDFILL GAS ISSUE. Council Member Nichols stated that the Newport Terrace Landfill site is near housing, and asked if there were other such sites in the City and why the City has incurred the liability. Mayor Pro Tem Ridgeway stated that it was the City's dumpsite from 1953 to 1967. Volume 56 - Page 58 I IN 93 Res 2003 -18 EQAC Membership Provisions (24) C -3610 BA -054 Newport Terrace Landfill Gas Issue (38/40) City of Newport Beach City Council Minutes March 25, 2003 Council Member Webb added that the landfill area runs through the center of the site, with residences built on either side. He stated that there is no evidence that the methane has migrated underneath the houses and that the homes were built with adequate treatment to keep the methane out. City Attorney Burnham stated that the matter regarding how the City incurred the liability could be addressed in a memorandum to the City Council and is beyond the scope of the agenda item. Motion by Mavor Pro Tem Rideewav to approve the Cooperation and Cost Sharing Agreement for the preliminary investigation of the Newport Terrace Landfill site; 2) approve a budget amendment (BA -054) for $75,595 for the City's share of the system investigation, and future legal assistance and landfill engineering expertise, related to the Newport Terrace Landfill site; and 3) approve the Professional Services Agreement with SCS Engineering and the City. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 13. GENERAL PLAN VISION STATEMENT. Mayor Pro Tem Ridgeway suggested that wording be added to the community character section of the statement to indicate that the City is not only a residential community, but also has balanced shopping opportunities for all citizens and an office environment that provides employment for its citizens. Mayor Pro Tem Ridgeway explained that the proposed vision statement lacks reference to the City's business and shopping communities. Nancy Gardner, Co -Chair of the General Plan Advisory Committee (GPAC), stated that any changes to the vision statement recommended by GPAC should be considered with caution. She explained that GPAC is comprised of members that were appointed by the City Council and is representative of every element of the community. She stated that each word of the statement was thoroughly discussed and agreed upon by the GPAC members. Mayor Pro Tem Ridgeway asked why GPAC didn't recognize the City's shopping opportunities or office environment. Ms. Gardner stated that through the visioning process, it was clear that the community wanted to define itself as a residential community. Mayor Pro Tem Ridgeway agreed that Newport Beach is a residential community, but felt that the statement shouldn't entirely exclude businesses. Ms. Gardner pointed out that the community character section of the statement does reference the successful balancing of the needs of residents, businesses and visitors. She suggested that any amendments be sent to GPAC for Volume 56 - Page 59 INDEX General Plan Vision Statement (68) City of Newport Beach City Council Minutes March 25, 2003 INDEX discussion, prior to the City Council taking such action. Mayor Bromberg stated that he understands both viewpoints, that Mayor Pro Tem Ridgeway has made some valid points, but that the intent has been to have the council members not interfere with the general plan update process. He asked Mayor Pro Tem Ridgeway how he felt about continuing the item to give GPAC the opportunity to discuss the issue. Mayor Pro Tem Ridgeway stated that he would be in agreement with doing so. He pointed out that his viewpoint includes the vision for the City brought out in the Newport Tomorrow effort in the early 1970's. Ms. Gardner stated that the current residential emphasis may be a reaction to the growth has taken place since that time. Motion by Mavor Pro Tem Ridaewav to continue the item for one month to allow GPAC the opportunity to discuss the issues raised. Substitute motion by Council Member Adams to approve the General Plan Vision Statement as submitted. Council Member Adams stated that it is important to send a message from the City Council to GPAC that the City Council supports what they've done. He stated that there has already been ample opportunity to review the statement and provide feedback. He noted that since it is the City Council that will ultimately approve the general plan update, he understands that the council members need to be comfortable with the process. Council Member Adams expressed his support for the statement and felt that it reflects the community. Council Member Heffernan noted that the process has been thorough and carefully done. He stated that GPAC has done their job. Mayor Bromberg stated that the issue shouldn't be divisive, and agreed that GPAC has done their job. He expressed his concern for the City Council arguing over the vision statement. Council Member Adams stated that having the City Council endorse the vision statement was a request of GPAC and that it wasn't a requirement, but provides GPAC the confidence that they're headed in the right direction. Council Member Webb stated that as a former City employee, prior to being elected as a council member, he participated in the GPAC vision statement process. He felt that there were compromises made, the outreach programs were well utilized and a great amount of detail went into the process. He disagreed with making an amendment at this point and felt that it would indicate the City Council's lack of support for the efforts of GPAC. Mayor Pro Tem Ridgeway stated that he appreciated being better informed on the process and didn't realize the degree to which the statement had been discussed. He also felt that the debate was healthy. Volume 56 - Page 60 City of Newport Beach City Council Minutes March 25, 2003 .f YOWN Mayor Bromberg agreed and complimented the decision to have council members not attend the GPAC meetings so that the process wouldn't be politicized. The substitute motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor K. PUBLIC COMMENTS Jim Hildreth stated that in 1931, Mr. Collins, a developer for the Balboa Island area, designated Grand Canal as a street. Due to the moorings in the canal, the canal was designated as a canal in 1932. Mr. Hildreth stated that the City has since designated the moorings as pier locations, but can't locate the documents for the harbor permits. He stated that if the City does not have copies of the pier permits, it can be assumed that the locations must be moorings. Mr. Hildreth added that the City has acknowledged that the four mooring locations at the corners of the canal were abandoned. He stated that these moorings should fall under the same access requirements as the other moorings. He expressed his disappointment that the City cannot produce the documents. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Council Member Adams reported that GPUC met on March 24, 2003, and heard recommendations from the subcommittee that was tasked with outlining the remainder of the general plan update process. He complimented the efforts of the subcommittee. He stated that the recommendations would be provided to the City Council for review and action. Council Member Adams stated that the upcoming meetings of GPUC would include reports on the traffic study and the fiscal analysis. He announced that the next meeting will take place on April 14, 2003, and encouraged anyone interested in the process to attend. Status report — Local Coastal Program Certification Committee. No report. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan announced that the next meeting of the NCAC would take place on April 1, 2003. He stated that they would continue discussing details of the amended annexation agreement. Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb announced that the committee met for the first time on March 12, 2003. He stated that they decided to have potential members submit applications to the City Clerk's Office, and also discussed establishing two working groups, one for the site planning and one for the library planning. Council Member Webb stated that the meeting also included a presentation on a work plan, the grant application and the project schedule. He stated that the Volume 56 - Page 61 City of Newport Beach City Council Minutes March 25, 2003 committee plans to meet once a month, and the working groups would probably meet every other week, or possibly every week at the beginning. He announced that the next meeting would take place on April 9, 2003. Councilmanic Redistricting Committee. Mayor Bromberg reported that the committee met earlier in the day, and that possibly only one more meeting is needed before the committee will be able to provide the City Council with two to four scenarios for review. Environmental Quality Affairs Citizens Advisory Committee (EQAC). Barry Eaton reported that recommendations were presented to GPUC on what the general plan update should consist of He stated that one of the significant issues addressed was how to insure that there wouldn't be a disconnection between GPAC, who's responsible for formulating public opinion into the process, and the Planning Commission and the City Council, who will adopt the general plan update. He stated that the recommendation is to not have the commissioners and council members a part of GPAC, but instead have them receive six updates during the two -year process. He stated that this would provide the opportunity for the Planning Commission and City Council to make changes during the process, if necessary. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR MARCH 20, 2003 [Meeting cancelled]. N. PUBLIC HEARINGS 19. CODE AMENDMENT CA 2002 -007 — LANDMARK BUILDINGS (PA 2002 -218) — AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY RESTRICTIONS ON THE USES IN LANDMARK BUILDINGS (contd. from 2/11/03 & 3/11/03). Council Member Nichols recused himself as a Council Member since he lives within 500 feet, but stated that he does not have a financial interest. Council Member Heffernan requested that staff provide the details of the changes that were made in the report since the meeting of February 11, 2003. City Attorney Burnham stated that the differences in the ordinance include limiting accessory uses to 30% of the existing floor area as of January 1, 2003, and restricting hours of operation for accessory uses only. He stated that provisions were also added to allow a landmark building to be structurally altered without a use permit as long as the alteration occurs on the existing footprint and to require that the facade and architectural features be substantially preserved. Per Council Member Heffernan's question, City Attorney Burnham stated that a landmark theater could be used for theater purposes, notwithstanding the fact that those uses had not been continuous from the date the building was constructed and used as a theater. He explained further that the principal use of a landmark building would be the dominant use as of January 1, 2003. Council Member Heffernan Volume 56 - Page 62 INDEX Planning Commission (68) Ord 2003 -4 Code Amendment CA 2002 -007 Landmark Buildings (68) City of Newport Beach City Council Minutes March 25, 2003 INDEX asked if it is clear in the ordinance that a theater would have to commence continuously running movies to receive the benefits of a landmark building. City Attorney Burnham stated that there could not be an accessory use if there wasn't a principal use, but admitted that it could be made clearer in the ordinance. In regard to the limitation of 30% of the floor area for accessory uses, Council Member Heffernan asked if it was better to use the floor area as of January 1, 2003, or the floor area at the time of the use. City Attorney Burnham stated that staff felt that the number shouldn't change, and that if the principal use as a cinema for 70% of the floor area couldn't be met, a use permit would have to be obtained. Council Member Adams asked if the City has the documentation needed to determine the floor areas as of January 1, 2003. City Attorney Burnham stated that it would be the responsibility of the property owner to prove that the accessory use was no more than 30% of the floor area of the building as of January 1, 2003. Mayor Bromberg suggested that the condition requiring that the exterior walls remain in the same location, the sixth condition, be changed to require that they remain in "substantially" the same location. Council Member Heffernan confirmed with City Attorney Burnham that the sixth condition is also referring to the facade and architectural features on the exterior of the building. Mayor Bromberg opened the public hearing. Luvena Hayton stated that she is in favor of the Port Theater becoming a landmark theater. She explained that there aren't many historical buildings in the area and she knows that others share her opinion. Nancy Phelps stated that the Port Theater was, and can be, an important part of the community. She urged the City Council to grant landmark status to the theater. Per Council Member Adams' question, Ms. Phelps stated that her home is approximately five blocks from the Port Theater. Mayor Bromberg read the fifth condition from the staff report regarding off- street parking requirements. Dick Nichols stated that landmark recognition, from the historical sense, is being lost in the revised ordinance. He stated that the fifth condition allows for no additional parking requirements if the uses in the building don't exceed the need for 300 parking spaces. Mr. Nichols noted the vision statement that was presented earlier and the designation of the City as a residential community, and stated that the Port Theater does not have the needed features to operate as a restaurant. He suggested that such a facility would be better on the Corona del Mar post office site or at the closed Windows Restaurant site. Mr. Nichols stated that commercial businesses shouldn't be placed adjacent to residential Volume 56 - Page 63 City of Newport Beach City Council Minutes March 25, 2003 INDEX neighborhoods. He requested that the item be reconsidered. John Loper, Fritz Duda Company, stated that the Fritz Duda Company owns and manages the Via Lido Shopping Center, which includes the Lido Theater. He stated that Fritz Duda Company supports the proposed ordinance and the change to limit the hours of accessory uses and not principal uses, as noted earlier by the City Attorney. He stated that it's important to be able to offer movies past midnight. He stated that the Lido Theater is an asset to the community and contributes to revenue generation in the area. B. J. Johnson, Corona del Mar Residents Association, stated that she and the association support the proposed ordinance and the Port Theater. She stated that it's not feasible to move the theater and that it works where it is presently located. She stated that most of the residents want the theater. Laura Dietz stated that most businesses in the area of the Port Theater are also surrounded by residences. She disagreed with moving the Port Theater, and felt that any parking problems could be addressed if they arise. She expressed her support for the proposed ordinance. Hearing no further testimony, Mayor Bromberg closed the public hearing. Mayor Bromberg stated that a letter was received from a representative of the Port Theater expressing support for the proposed ordinance. Mayor Pro Tem Ridgeway stated that the letter was from Rick Aversano, the owner of the Port Theater. Motion by Mayor Pro Tem Ridgeway to introduce Ordinance No. 2003 -4 approving Code Amendment CA 2002 -007, with amendments to Condition No. 4 to change the time of use from 12:00 a.m. to 12:45 a.m., to Condition No. 1 to add the word "ongoing" before "principal use ", to Condition No. 6 to add the word "exterior' before "facade and/or architectural features ", and to Condition No. 6 to add the word "substantially" before "the same location "; and pass to second reading on April 8, 2003. Mayor Bromberg stated that the letter from Mr. Aversano states that he is the president of the corporation that manages the company that owns the Port Theater. Council Member Heffernan requested an additional amendment to the ordinance that would require a building that is reconfigured and takes advantage of the landmark designation to utilize a minimum of 70% of the floor area for the principal theater use. City Attorney Burnham stated that the language in Condition No. 1 could be modified to make it clear that the principal use of the landmark building must occupy no less than 70% of the floor area. Mayor Pro Tem Ridgeway stated that the Port Theater owner has Volume 56 - Page 64 City of Newport Beach City Council Minutes March 25, 2003 INDEX proposed to reduce the number of seats in the theater from 900 to 300, but the primary use as a theater would remain. City Attorney Burnham stated that it can be handled by establishing appropriate proportions of the principal and accessory uses, with the principal use at no less than 70 0/6 of the floor area. Amended motion by Mayor Pro Tern Ridgeway to introduce Ordinance No. 2003 -4 approving Code Amendment CA 2002.007, with amendments to Condition No. 4 to change the time of use from 12:00 a.m. to 12:45 a.m., to Condition No. 1 to add the word "ongoing' before "principal use ", to Condition No. 6 to add the word "exterior' before "fagade and/or architectural features ", to Condition No. 6 to add the word "substantially" before "the same location ", and to Condition No. 1 to modify the language so that it is clear that the principal use of the landmark building must occupy no less than 70% of the floor area; and pass to second reading on April S, 2003. Council Member Adams asked what uses the Port Theater could be used for without discretionary approval in the future if the ordinance were not adopted. City Attorney Burnham stated that it would be a use that would be permitted as a matter of right or with a use permit in the commercial district. He added that a permitted use, as a matter of right, would include several options such as retail and office. Council Member Adams stated that this has been overlooked in the discussions and explained that the entitlement is already there for various uses. Council Member Webb asked if the building could be converted to retail or office without providing parking. Assistant City Manager Wood stated that it could, as long as the parking requirement wasn't greater than that of a theater. Council Member Webb confirmed that the building could be converted to an office requiring 299 parking spaces and no additional approval would be needed from the City. Mayor Bromberg stated that there has been great support for the adoption of the ordinance and agreed with the concerns of Council Member Adams. Council Member Heffernan stated that there has been no theater use at the site for a long period of time and asked how the parking requirement could be grandfathered. City Attorney Burnham stated that the property owner would have the ability to establish the nonconforming use and an offstreet parking budget. Council Member Heffernan asked if the owner would have to prove that the building had been used as a theater and is, therefore, entitled to the 300 parking spaces for any use. Assistant City Manager Wood stated that the property owner would have to demonstrate to the City that the theater use has continued. Planning Director Temple stated that in the case of the Port Theater, the grandfathering of the parking is a characteristic of the nonconforming structure and not the use of the structure. The amended motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Mayor Bromberg Volume 56 - Page 65 City of Newport Beach City Council Minutes March 25, 2003 Noes: None Abstain: Nichols Absent: Proctor 20. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL. Associate Planner Trimble reported that the Balboa Village Business Improvement District (BID) has been in operation for approximately seven years and that they are prepared to continue. Mayor Bromberg opened the public hearing. Gay Wassall-Kelly, President of the Balboa Merchants /Owners Association, thanked the City for its continued support of Balboa Village. She stated that the revitalization of the area is well underway and the City's assistance during construction has been appreciated. Ms. Wassall-Kelly acknowledged Peggy Fort, the area's marketing director, for establishing a website the previous year. She stated that the site can be assessed at www.balboanewoortbeach.com. She stated that a color brochure and directory are also being developed. She further acknowledged Scott Palmer for handling the BID's billing, collections and disbursement, and Associate Planner Trimble for keeping the BID informed on City business - Ms. Wassall -Kelly stated that after Phase II of the revitalization is completed, the area will continue with its special events. Mayor Bromberg confirmed that no protests were received Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tern Ridvewav to adopt Resolution No. 2003 -19 confirming the levying of the BID assessment for the 2003 fiscal year since protests represented less than 50 percent of the total assessment amount., The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor O. CONTINUED BUSINESS 21. REFILLING OF VACANCY ON THE GENERAL PLAN ADVISORY COMMITTEE (GPAC). Assistant City Manager Wood reported that the General Plan Update Committee (GPUC) met on March 24, 2003, and recommended that Bill Kelly fill the remaining position on GPAC as a representative of the older commercial areas. She stated that GPUC also recommended that Volume 56 - Page 66 Ufi�7 Res 2003 -19 Balboa Village BID (2'1) Res 2003 -20 General Plan Advisory Committee (GPAC) (24) City of Newport Beach City Council Minutes March 25, 2003 the City Council adopt an attendance policy for GPAC. Motion by Council Member Adams to approve GPUC's recommendation of Bill Kelly for the vacancy on GPAC to represent "Older Commercial Areas "; and adopt Resolution No. 2003 -20 adopting an attendance policy for GPAC. Council Member Adams noted that the resolution will establish a policy that the City Council will be informed when a GPAC member misses three or more meetings in a year. He stated that this will provide the opportunity for the City Council to consider replacing the member. Council Member Webb asked if this would include excused absences. Mayor Bromberg stated that the attendance requirement is not a punitive act and would include excused absences. He suggested that could be left to the discretion of the Mayor. Council Member Adams stated that the discretion is already there and that the resolution is only stating that the City Council consider replacing the member. Mayor Bromberg stated that GPAC is setting the direction for the City to the year 2025 and will ultimately bring a recommendation to the City Council for implementation, and it's a necessity that the members attend the meetings. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) AND THE AVIATION COMMITTEE (contd. from 3/11/03). Council Member Webb requested that any residents of District 3 that are interested in serving on EQAC contact him. Mayor Bromberg stated that EQAC is a 23- member citizens ad hoc committee that meets once a month and is one of the City's most active committees. He suggested that those that would like additional information contact the City Clerk's office. Council Member Adams stated that he has a couple of candidates that he'll be talking with for the vacancy on the Aviation Committee. Council Member Nichols stated that he would like to reappoint Laura Dietz and Cris Trapp, as the at -large member, to EQAC. Volume 56 - Page 67 11,113 �1 EQAC/ Aviation Committee Appointments (24) City of Newport Beach City Council Minutes March 25, 2003 Council Webb stated that he would like to reappoint Sue Hogan as the alternate to the Aviation Committee. Mayor Bromberg suggested that residents of Districts 1, 3, 4 or 6 who are interested in serving on the Aviation Committee contact the City Clerk's office. He stated that the Aviation Committee meets on an as- needed basis. Motion by Mayor Pro Tern Rideewav to confirm the reappointments of Laura Dietz as the District 6 EQAC member, Cris Trapp as the District 6 at -large EQAC member and Sue Hogan as the District 3 alternate to the Aviation Committee. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:52 p.m. in memory of Mary Everett Burton. ���� * * *rrrrrrrrrrra The agenda for the Regular Meeting was posted on March 19, 2005, at 2:15 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 68 INDEX