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HomeMy WebLinkAbout01 - 06-24-03July 8, 2003 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session June 24, 2003 - 4:00 p.m. ROLL CALL Present: Heffernan, Proctor (arrived at 5:30 p.m.), Ridgeway, Adams, Webb, Mayor Bromberg Absent: Nichols CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. X. Regarding Item 22 (Corona del Mar State Beach), Council Member Webb' believed that the item should not be on the Consent Calendar. He indicated that it will be his recommendation that this item be continued for one or two meetings to get more information and to let the public know there will be a full hearing. Mayor Bromberg reported that the City Manager told him that he will be pulling the item and requesting a continuance. Mayor Pro Tem Ridgeway noted that there-are a number of capital improvement program (CIP) items on the Consent Calendai and asked if.they are for fiscal year 2002 -2003, not fiscal year 2003 -2004. ,Public Works Director Badum confirmed that the projects are for fiscal year 2002 -2003 and reported that some of them will not start unii3 after summer. Regarding Item ,17 (Comprehensive Update, to the Sign Code and the Development of! Design Guidelines Manual), Assistant City Manager Wood noted that minor changes W' Ere made to the professional services agreement and that the changes were placed'at Council's seat tonight. 2. SOU7HERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) PRESENTATION :. City Manager Bludau reported that this will be continued to a future meeting. 3. CREATION OF A PARK PATROL PROGRAM. Recreation and ,Senior Services Director Knight utilized a PowerPoint presentation. She reported that in Fall 2001, complaints and issues were raised to the Parks, Beaches and Recreation Commission (PB &R) by the Youth Sports Commission Member Organizations ( YSCMO) and residents who live along Ocean Boulevard. She stated that the residents were concerned about Lookout Point and increased drinking, noise, parties, and an inordinate amount of wedding ceremonies using tents, canopies, and chairs. She indicated that a PB &R committee, working with YSCMO and the Police Department, began looking at options. One option was to post additional signs with regulations; however, some of the signs at Lookout Point were being continuously torn down. Volume 56 - Page 233 INDEX [No Report] Park Patrol Program (62) City of Newport Beach Study Session Minutes June 24, 2003 fi�11 Dli She indicated that another option was to establish some type oI patrol or enforcement. She noted that the committee also looked at what other Orange County cities are doing to see what would work in this community. She stated that the proposed Park Patrol Program has been to PB &R for revisions, the final concept went before PB &R on April 1, and they approved it and recommended that it be brought before Council for review. Ms. Knight reported that the mission of the Park Patrol Program would be to provide the citizens of Newport Beach with an educational and enforcement presence within City parks and facilities to enhance the safety an�verall quality of the park and recreation experience. She stated that the need-for�the program has arisen due to the increase in park and facility usag6 which has brought an increase in trash, an impact on neighborhoods, per nbit \compliance issues, and vandalism. She added that there is a need to help'the youth sports organizations and permitted groups with intrusions by outside, groupS. ) trrtlier, there is a need for overall facility security. Ms. Knight " reported that a Perk Patrol Program would provide onsite customer service, education, and response `• to inquiries and complaints; patrol parks, picnic aras, community centers, and , fields; provide a contact person for the users; help- the 'City moin r special even permit conditions; enforce park rules and regulations and alleviate the need for police and code enforcement to respond to park nuisance "4" omplaint calls. Ms. Knight reported that education will be the City's fir line' o�p orcement and that the program will establish a presence in parks and comrr,mity centers to educate the community and user 'groups. She noted that•security issues continue to be on the rise. She displayed the s£ at Arroyp fiS rk and reported that the speed stoppers have been popped off t times and replaced at a cost of $2,000 to $3,000. She noted.that this also happens at Cliff Park. Further, the City had to install fence`s at.Galaxy Park to;stop vehicles from driving into the park and noted thatAe playground equipment was being set on fire at Arroyo Park even before tlxe' park opened. Ms. Knight,.reported that one of the main duties of the a p rk'patrol will beau mbnitor,fields and park uses through routine visits. She indicated that UPI was puttiltg'dn a soccer clinic for six Saturdays in a row at one of the City's facilities at cost of $150; however, they had no permit to be outbn the fields. She explained that the City charges a permit fee to help offset he cost of maintenance., She stated that park patrol can help identify wh�some of the users',are and help the City recoup some of the costs. She reported that the youth sports organizations put thousands of dollars into park maintenance to maintain the fields they use. She stated that, after they check the fieldschedule with the City, sometimes they prep a field for use but between the time they have done this and their game starts, someone else has used the field and ruined `It. She pointed out that the youth sports organizations are also incurring additional costs by redoing fields that have incurred vandalism. Ms. Knight reported that there are also problems with groups, particularly surf contest users, that are permitted but try to take exclusive use of an area. She added that there is currently no way to follow up on some of the users relative to lack of clean -up, damage, or theft. She stated that there is also an increased need to monitor and control access to facilities. She indicated that, in the past, they have issued keys to some of the regular users and instructors, but they are tightening that process and need a better system of unlocking facilities and securing them when the activity is done. Volume 56 - Page 234 City of Newport Beach Study Session Minutes June 24, 2003 INDEX Ms. Knight stated that some of the issues surrounding special events are the use of P.A. systems, rental capacities, bounce house insurance, hours of permitted use, permit compliance, and weddings at view parks. She indicated that the rules that the program will help monitor are no alcohol consumption in the parks, no golf on the athletic turf, no skateboarding, and the leash laws. She reported that they are proposing to have a staff of two part -time employees, with one acting in a lead capacity, who will work about 53 hours a week at a cost of about $52,676 a year. She added that they will be funded through the use of the athletic fields and stated that the YSCMO has agreed to pay $1/hour, which will generate about $20,000. Further, they propose an increase in fees for facility rentals to assist with the cost of the program, noting that they are proposing an additional 15% this year to make about $20,000. She added that they will be coming before Council with an increased cost recovery, for special event permits to generate about $70,000 in additional revenue, `$20,OOU of which would be earmarked for the program. Ms. Knight reported that residents make up a majority of the rentals and highlighted the fee comparison chart. ,She believed that the residents will receive greater attention and.xnforcement of current policies and ordinances; a more timely, response,,to complaints or problems;a greater assurance that events in parks will be monitored; improved customer service; and an increase in the overaE*ahty of park user experience. Police Captain Henisey stated that he has been working with the Recreation and Senior Services Department ovpr analyzing and looking at this progran involved with some of the crime issues), that deal with vandalism. He reporte( have the resources available to provide the parks are being used by the per: occur at peak activity times for them. the Recreation and � Senior Se iyiees I the ones who arexesponsible fpt orgy and for collecting the fees inybwi -A w the customer service' .ague' c of t a, the last couple of years it terms of He indicated that they have been especially_ over the last couple of years that the Police Department does not 6ngoin�, iegular patrol to ensure that :ted.tlsers since many of the activities He believed that having this program in epartmbn�js appropriate since they are uz g 'an4i putting together the permits, ;h yauth'sports. He added that he feels is more appropriately applied to the recreation5department. HQ reported that -the Police Department has committed to props s_.some training for the limited enforcement aspects that may be involved with'the program' ` like 'issuing administrative citations, and will provide training on hoWto best communicate with the Police Department if they n arNnee a e;r�,n H. In response' -to Mayor Bromberg's questions, Ms. Knight indicated that the two positions wou]d, not be" independent contractors, but part -time employees of the City. She reported tliat they would be working with code enforcement and the Police Department, and receive Penal Code 832 training. Mayor Bromberg stated that he;has an issue with someone trying to tell a party that they have to leave and expressed concern about the potential for a fight to break out. Ms. Knight stated that the park patrol will be trained to look at enforcement through a customer service perspective, but if they cannot mitigate the situation in a peaceful manner, they will call for backup from the Police Department. She indicated that, when the Police Department receives the tali, they will know that there is someone out there that is trained and has looked at the situation, and they will probably get more priority. Regarding the salary range, in order to attract individuals with previous experience, she stated that they would start Volume 56 - Page 235 City of Newport Beach Study Session Minutes June 24, 2003 ►Ifi N at about the same pay as a Community Services Officer in the Police Department. She emphasized that they will look at the best training so the park patrol understands what their role is, their abilities, and when to back out before they get into a situation that could put the City in a tremendous amount of liability. Mayor Bromberg suggested that, if Council decides to make this into an action item, the staff report include the training program. In response to Mayor Pro Tem Ridgeway's questions, Ms. Knight indicated that they do not have a log of complaints, but they probably should have been keeping a log. However, they do not have the staff to log all the compla.'.. and to follow up on them. She reported that they receive calls about weddirtigs twp:to three times a month. She noted that there are 57 parks throug�diiit the City and reported that the park patrol's schedules will be random and-therwill not be expected to visit every park every day. She explained that., if a 10 utine is established, some of the problem people will just figure o stated that a lot of the day will be spent responding to cail� or night before. She noted that they would like to ha e'n was being prudent in looking at this as a pilot.prograi Ridgeway expressed concern that there is no docun4ental mentioned constantly tonight. Ms. Knight stated that' calling and emailing them about year olds being kicked off the field by a department also receives calls about grace as She pointed out that they have no day asking people to pay for. Mayor Pro TeI Ri the youth sports organizations and he.., ne believing that it will be impossible for fie parks. Ms. Knight conducting an outr, can educate the p permit holders fror options, the commi place, but they feel enforcement. She ;dAbat they have t}.\grqups, and holdexs,� but not rag their event. n adult week r came in cne uay. staff, but PB &R Mayor Pro Tem ,of the problems azations are n with seven Further, the dorce a service - t 'the City is *ay stated that/h6 was a part of 4.d Ir- problein in five years, �k patrol �a visit the 38 active 3 providing additional education, illing signs. She noted that they people who are preventing the fated that they looked at all the tions and put some of them into m would be an additional layer of to 80% of the picnic users are " signs, but they are gone by the next ,Qharli8 Massingill, Vice President of the Newport Harbor Baseball Association, stated that their main %eld is at Mariners Park, behind the library. He reported that, last ybar, a basebah team from Huntington Beach and Costa Mesa were practicing'"at field'because they were kicked off of a Costa Mesa field. He indicated that they went to Mariners Park because they knew there was no enforcement. He added that they were not insured and left the field in a mess. He reported thidthe baseball team then started to show up at Eastbluff Park. He added that, at Mariners Park, people are giving private tennis lessons, there are soccer clinics on Sundays, and there is a dog obedience class on Saturdays that should not be going on. He indicated that their league covers Newport Beach and Costa Mesa, but Costa Mesa has a Park Ambassador Program which will call him to tell him if there is a problem, i.e. the baseball team was on the field too long or they left a mess. He added that he also has their cell phone number so he could report if someone is destroying the field when it rains. He noted that the ambassador shows up in ten minutes. He stated that the Volume 56 - Page 236 City of Newport Beach Study Session Minutes June 24, 2003 ambassador does not just drive from park to park, but youth groups are also watching out for the parks and reporting any problems. In response to Mayor Pro Tem Ridgeway's questions, Mr. Massingill stated that he heard that the Costa Mesa baseball team was at the park at least four or five times the previous weeks, and indicated that he told them that they had to see Recreation Manager Levin for a permit. He believed that other communities will start showing up in the City because they know there is no enforcement, noting that travel baseball teams are popping up all over the place. Mayor Pro Tem Ridgeway asked what type of enforcement is involved,and asked if the City has any sanctions for improper use of public parks. He believed tliat there is a more effective way to deal with these issues than to hire twd..people. City Attorney Burnham stated that the City has a code sectiofi that deals with commercial activities on sidewalks, but does not believe there�s any prohR)itilon against that activity in parks. He stated that Council m2y w'antto adopt some. sort of regulatory structure in the code that will give park paii�i:some authority to remove people from areas that are designated forpaartic+r uses by permits.'; Mayor Pro Tem Ridgeway asked what will prevent another team from coming to a public park and using the fields. Mr. Burnham reported tl*t.public parks are under the control of the City Manager, so he or Council e\ adopt rules and regulations regulating the use of the parks. ` David Spowell, President of the Corolla del,Mar Pony League, stated that his league is probably the smallest youth'4orts organization that the City deals with. He asked that Council be aware'* the'investimentyouth sports makes, reporting that they spent about $3,000 to,$5,000 to'make, improvements to the field; maintain the field from - January to July','at a cost' 'of $600 a month; spent $10,000 to add a batting -cage;"and spent $$,000 to improve the softball field behind Eastbluff Parl£• He noted that, in the'.last,five years, they have probably put in about $30,000 to $50,000 for park maintenance. He reported that he has been involved ip'youtli'sport§;%r a long tiffie and probably only had three confrontations. He noted'thai, when it is raining, he can keep his players and managers off the field, but lie, does not' have a way to keep others off the field, the field:gets damaged, and..ends up- costing $1,000 to $2,000 to repair it. He added :Chat vandalisi -and theft is a problem and costs them $2,000 to $4,000 a season. He agreed that the park -patrol would have a lot of ground to cover and noot,a lot of people to do it,-1ut believed that random patrolling will help. Further, park patrol would prevent conflicts with practices and bounce houses in the same field. Mayor Pro Tem Ridgeway asked if there was a permit process for bounce houses soAey do not place them in the outfield field of a baseball field. Mr. Burnham believed that bounce houses require a special event permit. Mr. Burnham,reported that, pursuant to the municipal code, someone cannot use any park facility for which a fee is charged without first having paid the fee required and having received any required permit. He believed that the City can make it illegal for someone to use a park or certain area when someone else has paid a fee to use the area and they were issued a permit by the City. John Hamilton stated that Inspiration Point has evolved into a combination wedding chapel, funeral parlor, campground, and sunset bar. He believed it is out of control and noted that alcohol is being consumed there at sunset Volume 56 - Page 237 "%N ell City of Newport Beach Study Session Minutes June 24, 2003 INDEX whenever the weather is good. He reported that there have been complaints, but no one has been arrested or cited to his knowledge. He agreed that signs have been put up but they get taken down. He stated that people are erecting columns for the weddings and using barbecues. He believed that the public park is being abused beyond what it was intended for. Mayor Pro Tem Ridgeway asked if he thinks one park patrol person can take a wedding down. Mr. Hamilton believed that, if the park patrol said the wedding does not have a permit, the' word could go out and it might work. He added that he is not sure why prohibiting alcohol consumption is not being enforced. Emery Molnar, Newport Beach Little League, stated that a particularsitualion will not be solved by one person or entity, but believed it will pro a way }or information to get back to the recreation department. He indicated iat the YSCMO works well with the AYSO people, but they do see a lot` of peo� te•with unscheduled permit use time. Regarding enforcement, he believed pe7 ivied presence will help, it is a start, and is a good step forwazcjl__� t In response to Mayor Bromberg's questions, Ms. Ynight i t ted that she has' instituted a program similar to this in the past / "Sl Lbdndicated that the youth groups will have the park patrol's cell phone number Next�l_r, ber, can call when there is an issue, and there will be communication 15e(iween the two park patrol staff. She agreed that the program will not solve every incident or problem, but they can be there when someone tells them t�xat nnou permitted group shows up at a certain time each wee'k-,She stated that if there is an issue the park patrol cannot deal with, they Would,a3b'se the caller /call the police. She noted that this will come with training and educaation of their role. Regarding Inspiration Pointy -Mayor Pro VmAidgewayJasked if park patrol can deal with funerals, weddings, and drinking, Ms. Knight reported that they receive calls from re si tents 'informing them tB the rental truck pulled up and is unloading canop es; tables, a# chairs. She`, Gated that park patrol will be able to go there arid'tog•the sett4p of the wedding. She emphasized that they do not want to interrupt•\a' 4dding butt want to get to the problem before it happens. She stated thst,th�re are wedding planners that offer City locations as sites,f6 .we. " s. Regar#irig�alcohol consumption, if park patrol is out on a regulafbasis, they can work with•tlie Police Department and inform them of an ongoing concern. ' Council Member Webb asked about the Costa Mesa Ambassador Program. Ms. Knight reported it6t Costa Mesa has park rangers who are armed enforcement officers thiough the police department. Further, they also have park ambassadors tliat function similar to what they are proposing for the park patrol. She reported that the ambassadors work in the parks and closely with the rangers ok;enforcement issues. She stated that PB &R had a joint meeting with Costa Mesa's commission last month to discuss the success of that program. She indicated that Costa Mesa currently has three part -time ambassadors and two full-time rangers. Council Member Heffernan stated that he has been a coach, has run people off, and has been run off himself. He indicated that he supports this program and asked if he can make this a special District 7 budget checklist item and fund it. City Manager Bludau stated that Council Member Heffernan can add this Volume 56 - Page 238 City of Newport Beach Study Session Minutes June 24, 2003 program to the supplemental list tonight and staff can come back to better define how the park patrol will be trained and how the program will work. Council Member Adams believed that this would be paid for through fees. Council Member Heffernan stated that he would be doing this to jump start the program, but noted that this would be a revenue neutral program. Dolores Otting stated that she lives behind a park and the problems have always occurred after 8:00 p.m. She indicated that she agrees that there is a need for something, but is not sure that this proposal would solve the problem. She believed that, if the City is charging a fee to use the fields, the City should send someone out to find out what is happening. She clarified that Mr. Hamilton was not talking about Inspiration Point, but Lookout Point. Ms. Otting also asked why people are putting money into improving public parks. She expressed the opinion that there isn't time for'one of the park patrols to supervise the other person because they should both be working. She stated that, with 38 active parks, the program could get four calls from different parks, and the person would not be able to get across the City when the incident is occurring. She asked if this was the best program and why staff hours are not changed to address what is going on right now. She further asked if this means people cannot use public parks when it rains. Marce Almarez, representing Region 57 AYSO soccer, stated, that they are in favor of the program. He reported that his region spends between $40,000 and $60,000 a year on field improvements. He'stated that the organizations that use the fields without permits do not put atiy money into repairing the fields and do not maintain them at all. He reported that they spent $.20,000 to improve the field at Lincoln Elementary School. He noted that they have 20 fields they are responsible for and emphasized that they,carmot afford to spend that type of money on every field. / rurther, they spent $10,000 at Arroyo Park, but saved $10,000 by keeping the club teams off the field. He reported that AYSO is the largest organizatim in the YSCMO and the fee they will pay for the Park Patrol Program will benefit them tresitendously.' Regarding safety, Mr. Almarez stated that a baseball team was practicing at Eastbluff Park where AYSO was playing a soccer game. about 10 feet away. He reported that they were hitting balls onto their fieldandi over, their players. He indicated that they called the police, the police iespondeil,,A d they stopped:. He stated that the next week the baseball tom came to the park'again, but AYSO told the them that they would call the po&e''again if they brpught out a baseball. He noted that the following week, ihey'showed up but they didn't practice, and then they never showed up again. He believed that park patrol presence will have the same affect, will help keep children safe, and will save them money. Elbert Brantice;, Pacific Coast Girls Softball, stated that they maintain the fields and work with the City to maintain them. He noted that, when it rains, people come onto the field and damage it. He stated that, beside the amount of money they put in, the City has to take workers away from other jobs to repair the fields. He believed that the program is a good start and, if word goes around that the City has patrol, people may be less likely to damage the fields. Madelene Arakelian stated that she does not understand why the youth groups are maintaining the fields at public parks and asked if anyone uses the schools anymore. She indicated that she does not object to protecting individuals that Volume 56 - Page 239 110113 City of Newport Beach Study Session Minutes June 24, 2003 INDEX use parks and permitting for special events, but she needs to understand why they are improving the City's parks. Chris Sarris, representing Region 97 AYSO soccer, stated that he was - the Chairman on Costa Mesa's Parks and Recreation Commission when te r program was first installed. He noted that they initially only had one part -time park ranger, the program was a tremendous success, and let the city know who was using the fields, and kept the groups in check. He believed that they kept expanding the program because of this. He stated that Newport Beach is going to see the same uses that Costa Mesa used to see because there is, Kb..one currently checking the fields. He indicated that Costa Mesa has about 25 t_\ parks, including the schools, that have fields. He reported that th� itial pa' time person was able to visit all the parks during his shift, and Costa Mesa kept expanding the program because the need was there. He stated that th�prbgram was very successful and the City will see the same need as ore people look for fields since they will not go to Costa Mesa because the chs,o'f �etting caught.. and kicked off the fields are high. He believed that thd' rogiam is important to the youth groups, as well as the residents. Tony Anish, Vice President of Orange Coast 17niied Soccer .Club, stated that other clubs are against this program because they use some of the fields that AYSO and other groups use. However, he is very much in favor of it. He stated that he has read articles about clubs pfacticing at schools and parks but they do not have permits. He indicated that,he was-at Mariners Par where 30 kids paid for a program that had no permits.'He st ted_that those rograms do not care and can use the parks at will because the ?e is no one toL protect the parks. He noted that, if they tried to go to Costa Yesa, - the�are stopped by the ambassadors and rangers.. e believed that, it is extremely important for the City to have this prograi�-,He hpted that itt,is not going to work perfectly and there will not be enougll coversgO, but the ward will go around. He stated that, if the City forces people to get permits, it will protect the City's resources. In response to Mayor"Pro Tem Ridgeway's,'questions, Mr. Anish reported that there are 17 teams in his soccer club" and that he is aware that there are a number.�pf new -clubs forming\\ He. noted that most of the clubs are not commAnity based,, bring in player§'from wherever they can find them, and use the'lields without permits. He indicated that he does not have a problem with Kathy 'A,amilton reiterated that Mr. Hamilton meant to talk about Lookout Point. She stated thae4or years, people have gone to Lookout Point to enjoy the sunset and they may have had a little wine. She indicated that this is not what the residents are having a problem with, but are concerned that now people are packed in, sometimes 50 to 60 at a time, with tables and wine bottles. She believed it is out of control and that she was under the impression that public parks prohibited alcohol. She stated that her neighbors have called the police and so she started to call also. She believed that, if people were busted once and awhile, maybe something like this won't happen to spoil the neighborhood. Mayor Bromberg believed that the concept is good and he is willing to bring the item back to look at it further. He stated that he hopes that staff will give them more information and include a priority list of which parks have the biggest Volume 56 - Page 240 City of Newport Beach Study Session Minutes June 24, 2003 problems. He noted that there are no statistics, but the staff report should also contain some of the concerns and training information. He indicated that he will support Council Member Heffernan's supplemental budget item request. Mayor Pro Tem Ridgeway believed that the staff report is inadequate to start a program, Council needs more information from other cities, and they need a regulatory scheme. He indicated that, based on the ordinances, he does not believe the City can do anything except with regard to drinking issues. He stated that he has observed the issues at Lookout Point and Inspiration Point and indicated that the park needs enforcement. He reported that thepark system works in tandem with the Newport -Mesa Unified School - District (NMUSD) and believed that the City does not have jurisdiction' for a park ranger to go to Lincoln Elementary School. He stated to Mr. Bludau that the City has talked about modifying the contract with the NMUSD an believed that now the City can start to look at the contract since the City is putting the program under a microscope. Council Member Webb believed that the program &a good,-concept and agrees'' with Council Member Heffernan to make the funds a3ailable, He added that he feels that the City has some control, noting that it has had policies that have been used in the parks for years. He stated that the enforeementof scheduling and assigning fields is very important. He indicated thathe is.not sure that two employees is enough, but he is willing to let this work for a year and reevaluate the program at the end of the year. \ A6--noted that the program is revenue neutral and will pay for itself. He added -tba`t -the, program can continue if it works, but if it is a failure, the City can e out horn to improve it or decide to get rid of it. j Council Member Adamg noted that the program is no risk, staff is telling Council they do not/have enough people to adequately manage the parks, and they came up witli a, solution; that does,,noi, cost anyone but the users. He pointed out thakthe.users ars ag.to pay,,kr it. He stated that a downside might be that it takes' on a'tife of its,ozvii I' and starts growing and stops paying for itself. He believed that Council shouldlet experience speak for itself and see if it works $e sf9ted that he is in favor of bringing this up as soon as possible at a rggiilar CouncilMeeting:' Fui'thei r, staff should be directed to clean up the ordinance so park patrolhas some powers. Council Member Heffernan stated that more people are going to want to use the parks, more people will use the parks, and more people are going to break the rules, therefore,, more bity money will have to be spent. He noted that the City is spending more on.July 4th than it ever had before. He emphasized that there is a problem and, for the safety of the residents, the City will need to allocate more resources.for it. He stated that the program is a small first step. 4. MORNING CANYON DRAINAGE ISSUESISTATUS REPORT. City Manager Bludau stated that this is one of the more difficult issues that staff has been confronted with as far as private property, what the City's responsibility is, and what the answer is regarding erosion and protection of properties. Volume 56 - Page 241 INDEX Morning Canyon Drainage (74) City of Newport Beach Study Session Minutes June 24, 2003 INDEX Public Works Director Badum utilized a PowerPoint presentation and displayed an aerial view of Morning Canyon. He reported that the watershed was first used in the 1900s for grazing and agriculture and, since then, various developments have been added. He stated that the big changes in the natural drainage course occurred when Cameo Highlands was constructed, when storm drains were built to redirect the natural flow, and when the golf course constructed the basin at the head of the Canyon. Mr. Badum reported that Morning Canyon is a natural drainage course to the ocean for a 335 acre watershed. He stated that, over the years, it has -been developed in accordance with the rules and regulations that were in ploce-at t`he time of development. He added that there is a 22 -foot drainage easement that was dedicated to the City when the Cameo Highlands development occurred. He indicated that it was believed that the original alignment was \really set aside for a future storm drain facility that would be sub surfaced, anticiliating that there might be more development north of the Can yoii He stated that no*, there is a golf course there with a detention facility. He.indicated that, with t - exception, the area is basically private property. l` Mayor Pro Tem Ridgeway asked if the golf course is'contributing.to the Morning Canyon water flow either during dry months or wet mor�tfi-' Mr. Badum stated that the flow has increased over the years due to developmenatmainly because of runoff. He believed that, when the golf course was built, t tried,W have the detention mimic the natural flow. He noted that the one thing that has not been addressed is sediment transport. Mr. B aslr ed. if water is released from the detention basin. Mr. Badum reported that the basin builds.up and, if a storm has a higher intensity and the basin is peaked, y , rleaves at a certain rate. Mr. Badum reported that - several property''awners that live along the Canyon have actively and assively 'modified their ,natural drainage courses. He indicated that a five modifications include galling, hardscape, and landscape planting, and @xplaued, that %passive modification occurs through lack of maintenance and uncontrolled growth ninon- native plants like Arundo and Giant Reed. He also not that Cameo $ighlands was developed with steeper slopes than -is now - allowed:. He.added that development has also reduced the amount of sediment in.stormwater flows which causes erosion. Mr:_ Badum reported that the'dry weather flows have steadily increased as development has occurred. He stated that a lot of over - watering and lack of water conservation is occurring which transports pollutants from the watershed into the ''ocean. H); added that Morning Canyon is identified as an Environmental Senditive Habitat Area (ESHA) in the City's draft Local Coastal Plan (LCP) so it i9 an important area that the City has to study and get more information about. He reported that the increases in urban runoff have promoted uncontrolled growth of non - native plants and the Arundo and Giant Reed choke out the native plant species which chokes out habitat. He noted that some of the property owners have modified the natural habitat by planting ornamental landscaping, terracing, and channelizing low flows. Mr. Badum reported that, in April 2002, the City Council authorized a conceptual investigation by Rivertech, Inc. to look at erosion and stability issues; in September 2002, the draft was presented to the residents that live along the Volume 56 - Page 242 City of Newport Beach Study Session Minutes June 24, 2003 Canyon to see if there was any consensus but there was none; and in December 2002, staff updated the homeowners and recommended that they address their individual issues as they arise. Noting that this is essentially private property, all of the homeowners would need to be in agreement if there was to be a comprehensive solution. Mr. Badum reported that Rivertech came up with a solution that staff hoped would be universally accepted by the regulatory agencies. He stated that they came up with a series of gavions to constrict the flow, stabilize the slope, and minimize erosion. He indicated that this program could cost,'about $1 million. He stated that staff is concerned that the property ,owners; as individuals do not have the ability to address the bigger, comprehensive problem. He indicated that the gavions will be stone structurese but have plantings on them so the growth would ultimately cover the gavions. Mr. Badum stated that the Rivertech conceptual report provideA a good basis if the City wanted to pursue a long term solution, but noted that this would occur on private property and there is not a lot of fmanciiig solutions. He indicated' that staff would propose that the City look at what the comprehensive solution might be, explore it further, and hire a full- service engineering firm to develop plans and specifications that would comply with all jhe various permitting agencies, as well as solve all the drainage, erosion, water quality, and habitat issues. He noted that the City has never done this before and it, would be easy for the City to say that this is a private property matter and`they should deal with it; however, the City has an opportiinity to serve as the agent to provide a solution and see if there is a way to move forward: Council Member Adams stated that hewas president of the homeowners association in Cameo Highlands many years. ago and, because of his association with some of the residents, has,been involved in this issue. He agreed that this is private property but noted that the City, has a drainage easement. He asked what obligations the City ha ezpressed'concern about the City's liability. He believed that the City Deeds to pursue a solution quickly. City Attorney Burnham stated that he is not sure the City really does have an easement, even though 'the staff "report indicated that it does. He explained that there is a drainage easement on. the tract map, but there is no evidence that the City accepted it. He added that the staff report also mentioned that the City engaged in some.sort of periodic maintenance. Mr. Burnham agreed that there needs to `be a'solution to the problem and, in the event of litigation regardless if the City is liable, there will be, a considerable expense incurred by the City. Council Member Adams expressed concern that, even if there is no easement, there is history that the City "once maintained the channel. He added that the City has a 42 -inch storm drain pointed at the channel with no suitable end treatment. Mr. Burnham stated that it is also in the best interest of the homeowners to work with the City to find a solution. He believed that this could be done as long as there is cooperation in terms of being able to exercise some control over both sides of the Canyon above the proposed improvements. He stated that there is an ESHA in Morning Canyon, but the precise boundaries have not been determined. He indicated that determining the boundary is probably the first order of business for the City. He indicated that the City could approach the property owners with the concept of having them provide the City with a Volume 56 - Page 243 INDEX City of Newport Beach Study Session Minutes June 24, 2003 conservation easement for only that portion of property, with the condition that the City would design and then construct the improvements necessary to solve the erosion problems. Council Member Adams asked if a discussion about an assessment district has been conducted and about the possibility of sharing the cost with the property owners. Mr. Burnham believed that some discussion took place, but it would be a difficult prospect right now and would delay the actual design and completion of the solution for an extended period of time. Mayor Pro Tem Ridgeway stated that he believes that Morning Canyon is contributing to nutrient contaminations at the beach and asked if there"--,as a movement to make Morning Canyon a TMDL area. Assistant City M41ager_hiff indicated that there is no specific TMDL for Morning Canyon, thoughthey know anecdotally that it has the same problems with bacteria and fertilizers that they have seen in other canyons like Buck Gully and Los Trances. Headded that one of the reasons there is no TMDL there is that there isn't any routine test ngat the beach outfall. Mayor Pro Tem Ridgeway believed that i�,hts -.to be coming from the watershed and suggested that, if an assessment district is considered, the entire 335 acres be looked at instead of just the houses. Mr. Burnham emphasized that the primary problem is controllisig the erosio'n. and preventing any landslides along the Canyon slopes. PUBLIC COMMENTS Dolores Otting asked if the park patrol people $5,000 does not seem like enough money for t, a year. City Manager Bludau reported that tl ADJOURNMENT — at 5:40 The agenda for the SCij the City Hall Bulletin Administration Buildir City Clerk getting automobiles, believing that le to be driving ar "d the City for look,at using existing vehicles. a'June 18, 2003, at 4:00 p.rrL on of the City of Newport Beach Recording Secretary Mayor Volume 56 - Page 244 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 24, 2003 - 7:00 p.m. STUDY SESSION — 4 :00 p.m INDEX CLOSED SESSION — 5:40 p.m. * * * * * * * * * * * * * * * * * ** A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Absent: Nichols C. CLOSED SESSION REPORT —None. D. PLEDGE OF ALLEGIANCE — Mayor Bromberg. E. INVOCATION — Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist. F. PRESENTATIONS Presentation by Newport Beach Film Festival Executive Director and CEO Gregg Schwenk. Mr. Schwenk thanked the City Council for its support and commitment to the Newport Beach Film Festival, and referred to the document presented to the City Council that detailed what was achieved with the 2003 Festival. He highlighted some of the films that were screened and thanked the many supporters. Mr. Schwenk stated that the goals for the future are to continue to grow the Festival in a reasonable and responsible way, to offer more screenings throughout the City, and to continue to celebrate the rich diversity that film allows. He encouraged the public to get involved with the Festival and announced the Festival's website, www.newoortbeachfilmfest.com. Mayor Bromberg complimented Mr. Schwenk and the many volunteers for the fine work that they do. Proclamation recognizing Code Enforcement Officer Charles (Cass) Spence. Mayor Bromberg presented a proclamation to Mr. Spence commending him for his 18 years of outstanding service to the military forces and the community. Mr. Spence expressed his gratitude to the community. Recreation and Parks Month Proclamation. Mayor Bromberg presented a proclamation to Parks, Beaches & Recreation Commissioner Tom Tobin proclaiming July 2003, as Recreation and Parks Month. Mr. Tobin thanked the City Council for the acknowledgement Volume 56 - Page 245 City of Newport Beach Regular Meeting June 24, 2003 G. NOTICE TO THE PUBLIC INDEX H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Mayor Bromberg noted the large crowd and members of the press in attendance at the meeting, and explained that he and three other members of the City Council recently called for the resignation of Council Member Nichols. Mayor Bromberg announced that Council Member Nichols is not present at the current meeting due to a serious infection to his leg. For that reason, he stated that he did not have intentions of going into the situation in any great detail since Council Member Nichols was not present to defend himself, if he felt it necessary. Mayor Bromberg did feel it was appropriate to provide a history of what had happened, however, and stated that last week, while being interviewed by a Daily Pilot reporter regarding the Corona del Mar State Beach project, Council Member Nichols made a comment about not desiring to extend the grassy area by the beach because the grassy areas brought down Mexicans and their families, and they claim the areas as their own for the day. Mayor Bromberg stated that he spoke to Council Member Nichols privately, who stated that his comments were taken out of context. Mayor Bromberg stated that after speaking with Council Member Nichols, he asked for his resignation. Mayor Bromberg added that there has been substantial support for the action taken by the City Council, although it has been unofficial. He explained that the reason he asked Council Member Nichols to resign was due to his concern for the manner of what was said, as well as previous comments made prior to that, that represented a characterization of conduct defined by race or nationality. Mayor Bromberg stated that people are not characterized by their race, nationality or religion unless it is relevant. He further explained that in this incident, the fact that the individuals that Council Member Nichols was referring to were Mexicans was not relevant to the situation. Mayor Bromberg stated that a few people feel that Council Member Nichols comments were true, but Mayor Bromberg stated that commonsense and decency dictates that the comment was inappropriate. • Mayor Bromberg requested that the agenda for the City Council meeting of July 8, 2003, include an item discussing the comments made by Council Member Nichols to the Daily Pilot reporter. • Mayor Bromberg also requested that the agenda for the City Council meeting of July 8, 2003, include a report assessing the council committee appointments that he made earlier in the year. • Mayor Bromberg announced that there will be a fireworks display at the Newport Dunes on the 4th of July this year. Council Member Webb stated that community's reaction to Council Member Nichols' statement is proof that he has again spoken without Volume 56 - Page 246 City of Newport Beach Regular Meeting June 24, 2003 110113 considering what he is saying and the impact it will have on the community. Council Member Webb stated that it isn't the first time, and it won't be the last time that Council Member Nichols will speak out this way. He noted that comments were made by Council Member Nichols during the recent campaign that were offensive, and that he doesn't speak for the City Council or the members of the community. Council Member Webb expressed his feeling that Council Member Nichols should resign so that the City Council can get on with City business. If he doesn't resign, Council Member Webb hoped that the citizens would put together a recall effort. Council Member Proctor stated that he believes in the First Amendment and people's right to say what's on their mind, but with it, comes accountability. He stated that individuals also need to consider their position when making statements. Council Member Proctor noted that at the City Council meeting of June 10, 2003, there was a discussion about the inappropriateness of Council Member Nichols suggesting that the Planning Commission had taken a bribe. Council Member Proctor stated that Council Member Nichols disagreed with, and was intolerant of, the position taken by the Planning Commission. Council Member Proctor stated that Council Member Nichols is ignorant of his obligation as an elected official and intolerant for other people and their rights. It causes him to speak the way he speaks. Council Member Proctor stated that an apology from Council Member Nichols is not enough, that a resignation is the only action that will answer the call of the community and the call of what is right. He can speak his mind, but he has to be accountable for what he says. Council Member Proctor added that Council Member Nichols' comments do not represent the views of the City or the County, and that it's an embarrassment. Council Member Proctor stated that if Council Member Nichols does not resign, he hopes he is recalled. Council Member Heffernan stated that Corona del Mar State Beach is operated by the City, as a fiduciary for the State. The area needs to be upgraded and Council Member Nichols was asked his opinion on what the improvements should include. Council Member Heffernan stated that Council Member Nichols should know that the area is owned by the State and is open to everyone. He stated that it is inappropriate to comment on it being used by any one group of individuals, and that who is using the area is irrelevant. The City's obligation is to address the needs for the use of the area and to make it more efficient, more available or a better place to be. Council Member Heffernan stated that this was the context of the question posed to Council Member Nichols, and to make an observation about who is using the area is inappropriate and is not the City's role. He added that because Council Member Nichols is an elected official, his comments have put the City in a bad light. He added that Council Member Nichols' comments were racial and have distracted the business of the City. Council Member Heffernan stated that Council Member Nichols should resign, but that it is up to him to do so. If he doesn't resign, it is up to the voters to decide if a recall should be pursued. Mayor Pro Tem Ridgeway stated that the oath of office obligates one to Volume 56 - Page 247 City of Newport Beach Regular Meeting June 24, 2003 be responsible and accountable. He stated that the issue is not one of freedom of speech. Mayor Pro Tem Ridgeway stated that Council Member Nichols could not have known the nationality of the individuals using the park area, but that it is irrelevant anyway. What is relevant is common decency and it is missing in Council Member Nichols' comments. Mayor Pro Tem Ridgeway stated that the issue is one of discrimination, bias, intolerance and irresponsibility. He added that Council Member Nichols' comments were excluding a group of individuals from using an area and that Council Member Nichols doesn't understand that what he said was wrong. Mayor Pro Tem Ridgeway stated that Council Member Nichols should resign, but that it is his choice. He stated that the other option is for the citizens to start a recall and that he'd be happy to sign the petition. Mayor Pro Tem Ridgeway stated that Council Member Nichols has been an impediment and an embarrassment, both during the election cycle and as a council member. Mayor Bromberg emphasized that the City of Newport Beach is a good city and has good people. He added that the City is a tourist destination and the preeminent coastal city in California, and encourages visitors to the area. He stated that Council Member Nichols' comments do not represent the City. Mayor Bromberg added that if individuals are present at the current meeting to voice their opinions during Public Comments, they have the right to do so, but he suggested that they defer their comments to the City Council meeting of July 8, 2003, when the item will be agendized and Council Member Nichols is expected to be present. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 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. RESOLUTION FOR ADOPTION 3. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT. Adopt Resolution No. 2003 -28 terminating the solid waste franchise agreement between the City of Newport Beach and Browning Ferris Industries. CONTRACTS AND AGREEMENTS 4. BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE II — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3555). 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and Volume 56 - Page 248 INDEX Res 2003 -28 Solid Waste Franchise Agreement (42) C -3555 Balboa Island Pavement Reconstruction Phase II (38) City of Newport Beach Regular Meeting June 24, 2003 INDEX Volume 56 - Page 249 4) release the Faithful Performance Bond one -year after Council acceptance. 5. Item removed from the Consent Calendar by a member of the audience. 6. SIDEWALK, CURB, AND GUTTER REPLACEMENT (2002 -2003) — C -3534 COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3534). Sidewalk, Curb, 1) Accept the work; 2) authorize the City Clerk to file a Notice of and Gutter Completion; 3) authorize the City Clerk to release the Labor and Replacement - Materials Bond 35 days after the Notice of Completion has been 2002 -2003 recorded in accordance with applicable portions of the Civil Code; and (38) 4) release the Faithful Performance Bond one -year after Council acceptance. 7. PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT C -3588 HOWALD, BONITA CREEK AND CHANNEL PLACE PARKS — Playground AWARD OF CONTRACT (C- 3588). 1) Approve the plans and Improvements at specifications; 2) affirm Categorical Exemption for the work; 3) award San Miguel, the contract (C -3588) to Sadie Construction, Inc. for the total bid price of Grant Howald, $148,330, and authorize the Mayor and the City Clerk to execute the Bonita Creek and contract; and 4) establish an amount of $14,670 to cover the cost of Channel Place unforeseen work. Parks (38) 8. STREET LIGHT REPLACEMENT PROGRAM — LIDO SANDS, C- 34471BA -081 SHORECLIFFS, CAMEO SHORES, AND CAMEO HIGHLANDS — Street Light AWARD OF CONTRACT (C- 3447). 1) Approve the plans and Replacement specifications; 2) award the contract (C -3447) to Pete and Sons Program — Lido Construction for the total bid price of $624,008, and authorize the Mayor Sands, and the City Clerk to execute the contract; 3) establish an amount of Shorecliffs, $30,000 to cover the cost of unforeseen work; and 4) approve a budget Cameo Shores, amendment (BA -081) appropriating $61,598 from the unappropriated and Cameo balance of the General Fund to Account No. 7014- C5500035. Highlands (38/40) 9. CLIFF DRIVE PARK RENOVATION — AWARD OF CONTRACT C- 35281BA -080 (C- 3528). 1) Approve the plans and specifications; 2) award the contract Cliff Drive Park (C -3528) to Green Giant Landscape, Inc. for the total bid price of Renovation $255,000, and authorize the Mayor and the City Clerk to execute the (38/40) contract; 3) establish an amount of $17,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (BA -080) authorizing the transfer of $20,000 from Operations Account No. 4340- 8070 to Account No. 7015- C4120614. 10. 2002 -2003 CITYWIDE SLURRY PROGRAM — AWARD OF C -3559 CONTRACT (C- 3559). 1) Approve the plans and specifications; 2002 -2003 2) award the contract (C -3559) to Sudhakar Company, International for Citywide Slurry the total bid price of $238,915, and authorize the Mayor and the City Program Clerk to execute the contract; and 3) establish an amount of $23,000 to (38) cover the cost of unforeseen work. 11. BAYSIDE DRIVE RESURFACING — AWARD OF CONTRACT C -3556 (C- 3556). 1) Approve the plans and specifications; 2) award the contract Bayside Drive (C -3556) to R. J. Noble Co. for the total bid price of $207,489, and Resurfacing Volume 56 - Page 249 City of Newport Beach Regular Meeting June 24, 2003 INDEX Volume 56 - Page 250 authorize the Mayor and the City Clerk to execute the contract; and (38) 3) establish an amount of $20,000 to cover the cost of unforeseen work. 12. JAMBOREE ROAD/MACARTHUR BOULEVARD INTERSECTION C- 3369BA -079 IMPROVEMENTS — AWARD OF CONTRACT (C- 3369). 1) Approve Jamboree/ the plans and specifications; 2) approve negative declaration; 3) award MacArthur Blvd. the contract (C -3369) to Hillcrest Contracting, Inc. for the total bid price Intersection of $1,440,944.80 and authorize. the Mayor and the City Clerk to execute Improvements the contract; 4) establish an amount of $144,055.20 to cover the cost of (38/40) unforeseen work; and 5) approve a budget amendment (BA -079) appropriating an additional $505,880 to Contributions Account No. 7251- C5100584 and increasing revenue estimates by $505,880 in Circulation and Transportation Fund Revenues Account No. 250 -4858; and appropriating $70,000 from the unappropriated balance of the Transportation and Circulation Fund to Account No. 7261- C5100584. 13. MARINERS VILLAGE LANDSCAPE IMPROVEMENTS — AWARD C- 3612/C -3507 OF CONTRACT (C -3612) AND APPROVAL OF AMENDMENT NO. BA -082 2 TO PROFESSIONAL SERVICES AGREEMENT WITH Mariners Village METROPOINTE ENGINEERS. 1) Approve the plans and Landscape specifications; 2) affirm categorical exemption for the work; 3) award the Improvements contract (C -3612) to Belaire -West Landscape, Inc. for the total bid price (38/40) of $295,940, and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $29,594 to cover the cost of unforeseen work; 5) approve Amendment No. 2 to the Professional Services Agreement with MetroPointe Engineers for the Mariners Village Improvement Project at a contract price of $ 7,530, and authorize the Mayor and the City Clerk to execute the amendment; and 6) approve a budget amendment (BA -082) of $55,064 from the unappropriated balance of the General Fund to Account No. 7014- C2700500 to pay for additional design and construction costs. 14. MARINER'S MILE WATERFRONT WALKWAY FEASIBILITY C -3548 STUDY: APPROVAL OF PROFESSIONAL SERVICES Mariner's Mile AGREEMENT WITH CASH & ASSOCIATES. Approve a Waterfront Professional Services Agreement with Cash & Associates for $50,000, Walkway Study and authorize the Mayor and the City Clerk to execute the agreement. (38) 15. COOPERATIVE AGREEMENT — ADMINISTRATION OF TOTAL C -3621 MAXIMUM DAILY LOADS (TMDLs) IN NEWPORT BAY. Newport Bay Authorize the City Manager to sign and execute the Cooperative Watershed Agreement to fund Nutrient, Fecal Coliform and Toxics Total Maximum Studies Daily Load (TMDL) Studies in the Newport Bay Watershed. (38) 16. BUDGET AMENDMENT: CODE AND WATER QUALITY C- 36221BA -084 ENFORCEMENT DIVISION TRAILER. 1) Approve a budget. Code & Water amendment (BA -084) appropriating $21,666 from unencumbered Quality General Fund Reserves to the City Manager's Professional and Enforcement Technical Services Account; and 2) award a trailer lease contract to Trailer Atlas Performance Industries for a total price of $21,666. (38/40) 17. PROFESSIONAL SERVICES AGREEMENT FOR A C -3623 COMPREHENSIVE UPDATE OF THE SIGN CODE AND THE Sign Code Update Volume 56 - Page 250 City of Newport Beach Regular Meeting June 24, 2003 DEVELOPMENT OF A DESIGN GUIDELINES MANUAL. Approve the Professional Services Agreement, as amended, with RBF Consulting for the Sign Code Update and a Sign Design Guidelines Manual. 18. PROFESSIONAL SERVICES AGREEMENT TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE ST. MARK PRESBYTERIAN CHURCH PROJECT. Approve a Professional Services Agreement with Michael Brandman Associates of Irvine, California, for professional environmental services to prepare an Environmental Impact Report not to exceed cost of $119,265 and authorize City Manager to sign agreement. MISCELLANEOUS ACTIONS 19. PURCHASE OF REPLACEMENT CARDIAC MONITOR/ DEFIBRILLATORS FOR USE BY FIRE DEPARTMENT PARAMEDICS. 1) Approve the purchase of six Zoll cardiac monitor defibrillators with 12-lead electrocardiography for the paramedic units at an amount not to exceed $110,000; and 2) approve a budget amendment (BA -078) to transfer $80,000 from the General Fund Unappropriated Reserve to Account No. 2340 -9300 to fund purchase of cardiac monitors. 20. STORM DRAIN CATCH BASIN AND V -DITCH CLEANING — BUDGET AMENDMENT. Approve a budget amendment (BA -083) in the amount of $135,210, transferring revenue from unencumbered reserves to the Operations Support Professional and Technical Services (8080) Account. 21. MEASURE M ELIGIBILITY RE- QUALIFICATION FOR FY 2003 -2004. 1) Adopt the Seven-Year Capital Improvement Program; and 2) direct staff to submit the adopted Capital Improvement Program, Maintenance of Effort certification, and Local Pavement Management Plan certification to the Orange County Transportation Authority to satisfy the eligibility provisions for the Measure M and the Congestion Management Programs. 22. CORONA DEL MAR STATE BEACH — BEACHGOER AMENITY IMPROVEMENT PROJECT. Item continued to the City Council meeting of July 8, 2003. 23. LEGAL ADVERTISING BID FOR FISCAL YEAR 2003 -2004. Accept the bid of the Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2003 -2004. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1 and 5); noting the amendment to the agreement for Item No. 17; and the continuance of Item No. 22. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Volume 56 - Page 251 110) 633 and Sign Design Guidelines Manual (38) C -3624 St. Mark Presbyterian Church Project EIR (38) BA -078 Cardiac Monitor/ Defibrillators for Fire Department Paramedics (40/41) BA -083 Storm Drain Catch Basin & V- Ditch Cleaning (40/44) Measure M Eligibility Re- Qualification (74) Corona del Mar State Beach Project (62) Legal Advertising Bid - 2003 -2004 (32) City of Newport Beach Regular Meeting June 24, 2003 Abstain: None Absent: Nichols J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 10, 2003. Referring to the Public Comments section of the regular meeting, Jim Hildreth stated that his comment about John Garrett being a Robin Williams look -alike should have been included in the minutes. Additionally, his comment during Item No. 17, Budget Adoption, about the structure removed by the City should have included that the City removed a permitted structure in the Grand Canal that is designed for use in the Grand Canal. Motion by Mayor 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, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols 5. NEWPORT HEIGHTS PAVEMENT OVERLAY — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3473). Dolores Otting stated that she removed the wrong item from the Consent Calendar. She apologized. Motion by Mayor Pro Tern Ridgeway to 1) accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one -year after Council acceptance. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols K. PUBLIC COMMENTS • Nativo Lopez, National Director of the National Mexican Brotherhood, stated that the National Mexican Brotherhood is a membership organization dedicated to integrating the Spanish speaking immigrant population into American society. Mr. Lopez stated that Council Member Nichols' comments -to the Daily Pilot reporter remind him of Volume 56 - Page 252 ►Ifii5O3 C -3473 Newport Heights Pavement Overlay (38) City of Newport Beach Regular Meeting June 24, 2003 INDEX previous generations when signs were posted in public locations declaring, "No Mexicans and dogs allowed ". Mr. Lopez stated that it is fortunate that Council Member Nichols' comments do not represent the sentiment of his City Council colleagues, and that if his comments represent his opinion about certain minorities, he should resign his position as a council member. Mr. Lopez stated that it is the low income Mexican worker and immigrants with large families who search for enjoyable public recreation areas to relax on the weekends. It is not the first time that Council Member Nichols has used the word, "Mexican" in a denigrating context. Mr. Lopez stated that he should leave his post for someone who has a broad perspective about life and is capable of serving the total community, irrespective of race, nationality, culture or immigration status. Additionally, he requested that the City Council adopt a resolution in the near future in support of drivers' licenses for all residents of California and call upon Governor Davis to sign such legislation this year. Jim Miller, President of West Newport Beach Association, stated that the residents of West Newport Beach want to thank the City Council for approving a new park for their area. He stated that only a couple of residents were opposed to the park because they felt it would bring in more tourists, but that area residents are already using the park and appreciative of it being approved. Amend David, President of Los Amigos of Orange County, stated that it was heartwarming to hear what the council members had to say about Council Member Nichols' comments. He stated that it would mean so much for the City Council to support a resolution calling on Governor Davis to sign the senate bill mentioned earlier by Mr. Lopez. Mr. David stated that he would be providing the City Council with more information in writing, and would also plan to attend the City Council meeting of July 8, 2003. Dolores Otting stated that the Balboa Bay Club has no public parking and no public access to the public beach. She stated that public parking and access should be available, and that the issue needs to be addressed. City Attorney Burnham stated that the City is working with the Balboa Bay Club on both public access signage and the public parking issue. He stated that a final certificate of occupancy has not been issued, pending resolution of the issues. Mayor Pro Tem Ridgeway added that the Coastal Commission is also looking at the same issues. Mayor Bromberg stated that he found out that the valet parking is only available at no cost to members and patrons of the facilities. Council Member Heffernan expressed his understanding that the Balboa Bay Club has asked for an estoppel. City Attorney Burnham stated that it is a condition of the Balboa Bay Club lease that they comply with all permits and all conditions to all permits. He added that the draft estoppel certificate contains a reservation for both issues and makes it Volume 56 - Page 253 City of Newport Beach Regular Meeting June 24, 2003 INDEX clear that a final certificate of occupancy has not been issued because of the lack of a resolution on public access, parking and signage issues, and that it can cause a default under the lease. City Attorney Burnham explained that an estopple certificate is a representation by the City that there is no default under the lease or of such an agreement. Council Member Adams added that he doesn't recall there being a promise of a public beach on the site. City Attorney Burnham stated that this is true, but that public access to the bay front is required. Jim Hildreth provided a copy of a letter, dated June 22, 2003, and addressed to Harbor Resources Manager Rossmiller. Mr. Hildreth stated that he attended the Harbor Committee meeting on June 11, 2003, and was told by Harbor Resources Manager Rossmiller that notices were sent to everyone with a pier permit regarding the proposed changes to the harbor permit policies on Balboa Island. Mr. Hildreth stated that Title 17 of the Newport Beach Municipal Code requires that the City maintain files and records for all pier permits issued. He noted that it doesn't say anything about shore moorings. Mr. Hildreth requested that the records listed in his letter of June 11, 2003, to Harbor Resources Manager Rossmiller be found and provided to him. He noted that Harbor Resources Manager Rossmiller hasn't responded to him and that he doesn't have access to the Harbor Resources office. Lastly, Mr. Hildreth stated that he has no animosity towards Mexicans and feels that they should be allowed on the grass. Lloyd Ikerd stated that several months ago, Council Member Nichols was speaking at a Chamber of Commerce governmental affairs meeting and mentioned that he did not want a new high school in the Banning Ranch area, because it would be full of Mexicans and that white kids would not want to go there. A few days after that, Mr. Ikerd stated that he took out recall papers against Council Member Nichols. Mr. Ikerd stated that he has been holding those papers because he wanted to give Council Member Nichols the benefit of the doubt, but has since determined that Council Member Nichols does not belong on the City Council. He stated that he is hoping to get support from the community for a recall effort. Robert Walchl stated that the Corona del Mar area has limited police resources on the 4th of July. He requested that there be foot or bike patrol added to the area, and a police car at Marguerite and Coast Highway to redirect traffic. Referring to the park patrol item discussed at the Study Session held earlier in the day, Mr. Walchl stated that he would like additional staffing on Saturday nights in the summertime at the beach. He further suggested that the patrols perform community outreach and safety services rather than just citing for violations. Police Chief McDonell stated that specific units are assigned to Corona del Mar beach on the 4th of July. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Volume 56 - Page 254 City of Newport Beach Regular Meeting June 24, 2003 Assistant City Manager Wood stated that the General Plan Advisory Committee (GPAC) met on June 23, 2003, and discussed the draft of the housing element update. She added that GPUC is scheduled to meet on June 30, 2003. Status report — Local Coastal Program (LCP) Certification Committee. Mayor Pro Tern Ridgeway stated that the Coastal Commission's comments should be received by June 27, 2003. Presentations were given to GPAC on June 2, 5 and 9, 2003, and their comments were submitted on June 23, 2003. A presentation was also given to the Environmental Quality Affairs Citizens Affairs Committee (EQAC) on June 16, 2003, who also submitted comments, and to the Economic Development Committee (EDC) on May 29, June 3 and 18, 2003. The Harbor Commission members also reviewed the draft document individually and submitted comments. He mentioned that a couple of other groups and individuals have also made comments. He stated that all of the comments will be assembled, reviewed by the LCP Committee, and incorporated into the final draft. Mayor Bromberg noted that this is an example of how the City typically reviews these types of documents prior to submitting them for final approval. He complimented the work of all of the committees. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan stated that the redistricting of the councilmanic districts means that he shares the district with Council Member Nichols. He stated that he has suggested that Assistant City Manager Ki£f and the NCAC provide a list of the seven to ten most important Newport Coast issues, and why they haven't been accomplished. He further suggested that the NCAC then proceed to work on getting the items accomplished. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that the next meeting of the committee is scheduled for June 25, 2003, at 3:30 p.m. He announced that the meeting location has been changed to the Central Library and that, at the meeting, there will be a discussion about the status of the committees working on the site, interior design and access issues. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 24. PLANNING COMMISSION AGENDA FOR JUNE 19, 2003. Planning Director Temple stated that the first item on the agenda involved the initiation of a general plan amendment for the West Santa Ana Heights and Costa Mesa Area 7 areas for preannexation, general plan and zoning, in the event that the City Council decides to proceed with annexation. The second item was an appeal of a decision by the Modification Committee of an encroachment into a front yard setback on Evening Canyon Road. The Planning Commission determined that the action of the Modification Committee should be sustained and they denied the appeal. Planning Director Temple stated the third item on the agenda was for a general plan amendment and zone change for a property on East Balboa Boulevard. It was recommended for approval and will be agendized for a future City Council meeting. She stated that the final item on the agenda was the first public hearing on the draft Volume 56 - Page 255 INDEX Planning Commission (68) City of Newport Beach Regular Meeting June 24, 2003 housing element. Many questions were raised and more time to review the document was requested, so the item was continued to the Planning Commission meeting of July 17, 2003. Mayor Bromberg recessed the meeting at 8:20 p.m. and reconvened the meeting at 8:35 p.m., with all council members present. N. PUBLIC HEARING 25. CIRAULO RESIDENCE [PA2003 -067] — 202 S. BAYFRONT. REQUEST TO PERMIT A 127 SQUARE FOOT, THIRD LEVEL PORTION OF A SINGLE FAMILY RESIDENCE TO EXCEED THE 24 -FOOT BASE HEIGHT LIMIT. Using a PowerPoint presentation, Planning Director Temple stated that a variance authorizes construction out of compliance with development standards, and may be approved only when strict application of the code would deprive the property of the same rights and privileges enjoyed by other parcels in the same zone, and only if the parcel has unusual characteristics in terms of shape, size, grade, topography or orientation. Section 65906 of the California Government Code sets out the basic parameters under which variances may be considered and approved. Although the City of Newport Beach is a Charter City and not subject to the rules, the variances in the City's Zoning Code are based on State law and identical to those contained in most other cities' zoning codes. Planning Director Temple stated that there are four basic criteria for approval of variances. The first is special circumstances. It must be found that the property is different from other parcels in the same zone. She listed specific information about the Ciraulo parcel and stated that there is nothing about the parcel that deprives the applicant of any entitlement under the Zoning Code. She also displayed a vicinity map. Planning Director Temple stated that the second criteria used in determining if a variance should be approved is hardship, and that the hardship must be based on the problems that are caused by the strict application of the Zoning Code to the peculiar physical characteristics of the site. She stated that if a site doesn't have any peculiar physical characteristics, there is no hardship. Although the Ciraulo's are contending financial hardship, Planning Director Temple stated that it is not a standard typically used to justify approval of a variance. Additionally, denying the variance would not preclude the same use of the property that other owners in the area enjoy. Planning Director Temple stated that the third criteria is that the variance cannot constitute the granting of special privileges. The variance should only be used to bring parity based on the physical characteristics of the property. She pointed out that no R -1.5 property on Balboa Island has ever been granted a variance to exceed the building height limit. Planning Director Temple stated that the fourth criteria, or finding, to be made in approving a variance is that there should be no harm to the Volume 56 - Page 256 INDEX Variance No. 2003 -003/ PA2003 -067 Ciraulo Residence 202 S. Bayfront Variance (91) City of Newport Beach Regular Meeting June 24, 2003 INDEX neighborhood. She stated that the project cannot adversely affect the health or safety of persons residing or working in the vicinity, cannot be detrimental to the public welfare and cannot be injurious to property or improvements in the vicinity. Planning Director Temple stated that approval of the variance would set a poor precedent because it would be approved without a strong factual basis relative to the findings and send a bad message to other contractors, developers and property owners. Planning Director Temple confirmed for Council Member Heffernan that the Planning Department supports the determination of the Planning Commission and believes that the variance should be denied. Using a PowerPoint presentation, Building Director Elbettar provided a detailed listing of the chronology of the events during the physical construction of the project. The approval in concept of the project was applied for in October of 2001. A permit was issued on February 6, 2002. The initial inspections were normal and everything conformed to the plans. The fire sprinkler plan check on June 17, 2002, found that the plans did not match the approved architectural drawings. On June 20, 2002, revised architectural plans were received by the City that reflected, the change and the added area that is in contention. Since the applicant was making the effort to have the added area approved, the fire sprinkler system permit was issued. A correction list was also issued and other inspections took place. On September 26, 2002, Building Director Elbettar stated that in response to a referral by the Planning Department, a correction notice was issued. On October 16, 2002, a stop work order was issued because no progress had been made to resolve the issues. After speaking to the contractor, Building Director Elbettar decided to rescind the stop work order. The City worked with the owner and the contractor, conducted inspections to make the building safe for occupancy and granted temporary occupancy on December 2, 2002. Building Director Elbettar stated that after he spoke with the architect to let him know that there are major issues with the Planning Department that need to be resolved, revised plans were submitted. The Planning Department determined that the proposed additional square footage on the deck exceeded the height limit and should not be permitted. On February 27, 2003, temporary occupancy was extended an additional three months to May 27, 2003, to allow the owner to resolve the issues. On May 19, 2003, temporary occupancy was again extended three months to allow the owners to repair the roof leaks. Mayor Pro Tern Ridgeway asked when the inspector first noticed that there was a variation in the construction. Building Director Elbettar stated that the inspector did not notice the variance because the framing was done per the approved plans. Upon the referral from the Planning Department, the inspection on September 26, 2002, found the improper construction. Council Member Webb asked if it is normal for contractors to make additions to buildings without submitting plans. Building Director Volume 56 - Page 257 City of Newport Beach Regular Meeting June 24, 2003 INDEX Elbettar stated that it is common to make minor changes, but any changes that increase the square footage or the footprint are an issue due to the City's restrictions on height and density. He stated that out of the 2,500 to 3,000 permits issued annually, approximately ten are for plans submitted after construction. Council Member Heffernan stated that he can't understand why temporary occupancy. was granted prior to the construction being completed and asked if this was normal. Building Director Elbettar stated that if it's possible to work with the customer, the City does. In this case, all of the changes were to the rooftop, and the temporary occupancy restricted occupancy and access to the rooftop. He added that the project was almost complete and there didn't seem to be a benefit to issuing a stop work order. Council Member Heffernan asked if a stop work order would have provided the City with more leverage. Mayor Bromberg stated that he had been working with the Ciraulo's at the time and determined that it was a very serious issue with the contractor. He stated that it was around Thanksgiving and he intervened by asking the Building Director if it would be appropriate to grant temporary occupancy. He stated that it was granted on the condition that the Ciraulo's would continue to work towards a remedy with the City. Per Council Member Heffernan's question, Building Director Elbettar stated that one of the conditions required that the Ciraulo's obtain approval from the Public Works Department for the encroachment and approval from the Planning Department for the addition, or remove it. City Manager Bludau stated that the City is empowered to remove the temporary occupancy permit at any time. Building Director Elbettar added that it was a discretionary action and has been done when it has been decided that holding the occupancy permit will not achieve anything. The City still has leverage, since the final permit has not been issued. Mayor Pro Tem Ridgeway stated that if a violation is found, a temporary permit should not be issued. He acknowledged the public relations effort but felt that if it hadn't been done, the City Council would not be hearing the appeal. City Attorney Burnham stated that granting the temporary occupancy is not a factor in the variance application. Council Member Proctor asked for a definition of as -built plans. Building Director Elbettar stated that as -built plans are drawn to reflect what has already been built and in this case, the architect did not submit them to the City. Mayor Bromberg announced that the City Council received a letter earlier in the day from a neighbor who opposes the variance. Mayor Bromberg opened the public hearing. David Shores, Law Offices of David Shores, representing the Ciraulo's, noted that he utilized a slide presentation at the Planning Commission Volume 56 - Page 258 City of Newport Beach Regular Meeting June 24, 2003 INDEX meeting, but was cutoff before being allowed to address certain findings. Mr. Shores stated that the reason for the appeal is due to the Building Department's negligence. He admitted that there is a nonconforming structure on the rooftop of the residence, but that the height would remain the same if it were removed. Mr. Shores also pointed out that the City became aware of the problem on June 20, 2002, but should have found out about the problem on May 1, 2002, when the framing and building height inspection was conducted and approved. He stated that the framing has not changed and there has been no deception, and he has pictures to prove this. Mr. Shores stated that the City's inspection process is in place to protect the City, the citizens and the owners. He stated that the property should have been red tagged in June of 2002, which would have meant that the Ciraulo's wouldn't now be facing a costly correction. He added that there has always been good faith on the part of the Ciraulo's and that their problem wasn't self induced, but is only an example of the Building Department not doing their job to protect the City. He stated that there were items that were signed off and corrections that were required by the City, which the City is now asking to be torn down. Mr. Shores added that removing the 10 -foot by 10 -foot structure will also cause the roof to leak. Council Member Adams asked Mr. Shores if the City is obligated to detect any discrepancies or violations of code during construction. Mr. Shores stated that he is only presenting the facts, and that it is an issue of equity and fairness, and a balance of hardships. Council Member Adams stated that it is unrealistic to expect inspectors to identify every code or building violation during construction. Mr. Shores stated that the City made a note of the violation on June 20, 2002, and it should have been corrected at that time. City Attorney Burnham encouraged the City Council not to engage in dialogue or argument. Council Member Adams asked his initial question of the City Attorney. City Attorney Burnham stated that the City attempts to identify all discrepancies and violations, but is not legally obligated to do so. Council Member Webb asked if plans were submitted to the City for the additional 100 square feet prior to the addition being constructed. Mr. Shores stated that he wasn't aware of that occurring. Council Member Heffernan asked if the property owners, the Ciraulo's, were involved during construction and design. He stated that if the plans were submitted one way and the residence was built a different way, the City isn't necessarily the one at fault. Mr. Shores stated that the applicant is available to answer the question. Mayor Bromberg announced that he and Mr. Shores know each other, that they work in the same building and have discussed the case. Mayor Pro Tem Ridgeway asked why the height wouldn't change with the removal of the addition. Planning Director Temple explained that several years ago, many property owners became interested in installing elevators and third floor roof decks. The City realized that a small enclosure to provide weatherproofing for an elevator or stairwell would accommodate the additions, so the code was changed to allow 25 square Volume 56 - Page 259 City of Newport Beach Regular Meeting June 24, 2003 INDEX feet to exceed the height limit up to a maximum of live feet. Mayor Pro Tern Ridgeway asked how many square feet the Ciraulo's have overbuilt. Planning Director Temple stated that they have an area that's 127 square feet, meaning that they need to remove 102 square feet. Carol Ciraulo, owner of 202 S. Bayfront, stated that she does not want to argue. She stated that she and her husband were involved with the original design, and had asked the contractor to submit plans to the City for a toilet and a lavatory on the roof. Ms. Ciraulo stated that upon returning from a trip, the residence was framed and included a bathroom and a fire pit on the roof. She stated that if the structure was out of conformity, which it was, the City should have red tagged the property in June of 2002, and not in October of 2002. She stated that the contractor had assured her that everything was okay, but if the property had been red tagged in June of 2002, she would have made the corrections. She stated that if the roof top structure is removed now, the elevator company has told her that the roof will leak forever and she will have roof damage. She stated that it will destroy her entire house. Council Member Heffernan asked Ms. Ciraulo if the City or the property owner is responsible for the actions of a contractor. Ms. Ciraulo stated that the City is aware of this particular contractor's reputation and should have red tagged the property. In response to an additional question by Council Member Heffernan, City Attorney Burnham stated that it is not the City's responsibility to screen contractors for property owners. Jim Hildreth stated that he doesn't understand what the problem is and that three -story homes have been allowed in the area. He stated that the sewer and electrical systems have been upgraded to accommodate the elevator and the structure, and that it will be an inconvenience to the Ciraulo's if they are required to remove the structure. He stated that it should be the City's obligation to check plans and perform inspections. Mr. Hildreth added that there is support from the neighbors and he doesn't see anything wrong with the structure. Hearing no further testimony, Mayor Bromberg closed the public hearing. Mayor Bromberg stated that the issue is not about a three -story home on Balboa Island. He stated that the Ciraulo's are good people and that he has been in their home, but they have been victimized to a degree and the contractor is at fault. Mayor Bromberg explained that in the 1970'x, the Floor Area Ratio (FAR) on Balboa Island changed from 2.0 to 1.5 to avoid the boxy look of the residences. The height limitation has been strictly adhered to, with the exception of the elevator shafts. The 127 square feet on the Ciraulo's property is significantly different than that allowed. Mayor Bromberg stated that his concern for the variance being granted is that, although the Ciraulo's acted in good faith and didn't try to sneak anything in, others might. He stated that the Ciraulo's fight is not with the City, it is with the contractor. Motion by Council Member Adams to deny the applicant's request by Volume 56 - Page 260 City of Newport Beach Regular Meeting June 24, 2003 adopting the Findings of Denial as presented in Exhibit 1 of the staff report. Mayor Pro Tern Ridgeway stated that it would be unfortunate for the Ciraulo's to sue the City. He stated that if the roof leaks now and was built according to the changes, it might still leak if the changes are removed. He stated that there are no grounds for granting the variance, and that the uniformity and integrity of the Zoning Code has to be protected. Council Member Heffernan stated that the owner should have noticed, upon returning from the trip, that there had been a change from the approved plans. Mayor Bromberg added that he can't find in any way how the City has been negligent. Council Member Proctor expressed his sympathy for the Ciraulo's and what they've been through. He stated that he agrees completely with the determination made by the Planning Commission and feels that there is no other legal option or conclusion that can be reached, which makes the comments made by Council Member Nichols about the Planning Commission taking a bribe even more offensive. Council Member Adams stated that the contention that the City is negligent challenges the basic principles of plan checking and inspections. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols O. CONTINUED BUSINESS 26. 2003 -04 BUDGET ADOPTION. City Manager Bludau noted that the City Council reviewed the 2003 -04 budget at the Study Sessions held on May 13 and 27, and June 10, 2003. He stated that the items on the supplemental list total $945,550 and that an item for the Park Patrol Program, discussed at the Study Session earlier in the day, for $52,676 has also been added to the list. Mayor Bromberg noted the thorough review of the budget that has taken place. City Manager Bludau stated that items can still be added or removed from the supplemental list. Mayor Pro Tern Ridgeway suggested that the three items supporting the Corona del Mar Chamber of Commerce be removed from the supplemental list. He stated that the City does support the Business Improvement Districts (BID's), but underwriting the Chamber of Volume 56 - Page 261 INDEX Res 2003 -29 2003 -04 Budget Adoption (40) City of Newport Beach Regular Meeting June 24, 2003 INDEX Commerce is inappropriate. Council Member Adams agreed with the comments of Mayor Pro Tern Ridgeway. Mayor Bromberg disagreed and stated that the Corona del Mar Chamber of Commerce and BID are probably two of the most active community groups in the City. He stated that the Corona del Mar Scenic 5K and Annual Christmas Walk are significant events for the City. He stated that Corona del Mar is active and supports the City, and the two events are historical, traditional and bring people into the City. Council Member Adams agreed with the value of the Corona del Mar Chamber of Commerce, but pointed out that if separate Chambers were in place for other villages in the City, the City would be in the position of underwriting organizations that otherwise couldn't exist. Council Member Adams stated that expenditures of public funds shouldn't be used to subsidize a Chamber of Commerce's annual budget. Mayor Bromberg understood Council Member Adams' comments, but felt that it was unlikely that other Chambers would be formed. He stated that Corona del Mar has faced its challenges in representation, has done so much for the City and deserves the contribution. He added that it's one of the least expensive items on the checklist, but is important to the Chamber of Commerce. He urged the City Council to consider the item and stated that a contribution by the City had been made in the past. Mayor Pro Tern Ridgeway asked the City Manager if the City had supported the Corona del Mar Chamber of Commerce in the past, and noted that the City is already contributing $200,000 to the Corona del Mar BID. City Manager Bludau confirmed that the City has supported the Scenic 5K in the past, but wasn't aware of funding provided for the Annual Christmas Walk. He confirmed that the underwriting of the Chamber of Commerce's directory costs was a new request. Mayor Pro Tern Ridgeway suggested that possibly the two events could be supported, but he still didn't feel that underwriting the directory costs was appropriate. Referring to the $120,000 match from the Corona del Mar BID for the street median work, Council Member Heffernan asked the City Manager to provide the history of when BID's have contributed to City projects. He noted that it is a significant contribution. City Manager Bludau stated that it has been done in the past by homeowner associations. Assistant City Manager Wood stated that she can only recall one other instance when a BID has made such a contribution, and it was also the Corona del Mar BID for street furniture, bus shelters and trash receptacles. Council Member Heffernan noted the direct relationship between the Chamber of Commerce and the BID. Council Member Proctor requested that an item be added to the supplemental list for preliminary engineering of the potential dredging project on the eastern portion of the Semeniuk Slough for a total of Volume 56 - Page 262 City of Newport Beach Regular Meeting June 24, 2003 INDEX $60,000. Additionally, he requested that an item be added for the West Newport Rejuvenation Program Study for $15,000. Council Member Proctor noted that he would be using $1200 of his discretionary funds for cleanup and to finalize the 4th of July wristbands. Council Member Adams asked for an explanation of the Newport Hills Drive Traffic Calming item on the supplemental list for $100,000. Public Works Director Badum stated that the issue began with a discussion about speed bumps, but has since been increased to include a study that may look at other techniques and that the funding would also be used for the actual implementation of the selected traffic calming measures. Council Member Adams asked why it wasn't included in the original Capital Improvement Program (CIP). Council Member Heffernan stated that he asked for it to be included on the supplemental list because it has been a repeated concern of the residents on the Port streets. Council Member Adams additionally asked for an explanation of the Dover Drive Sidewalk Design item on the supplemental list for $50,000. Council Member Webb stated that there's a section of sidewalk on Dover Drive that is missing and the money would be used to put together the plans and environmental work for the project. Jim Hildreth stated that the City has stated that public access at the southwest end of the Grand Canal would be put in. He stated that this should be included on the supplemental list, as he requested at the City Council meeting of June 10, 2003. Laura Dietz stated that based on the economic study presented to the General Plan Advisory Committee (GPAC) earlier in the year, Corona del Mar is the second highest sales revenue generator for the City. She expressed her support of the City underwriting the Corona del Mar Chamber of Commerce's directory, as a way to thank Corona del Mar for the hard work that is done and the people that are brought into the area. Ms. Dietz stated that Corona del Mar is deserving of the expenditure since the area contributes to the City's revenue. Mayor Bromberg stated that even with the lack of funding for the directory, the City is thanking Corona del Mar through other contributions in the budget. He stated that he will also be providing assistance through the use of his discretionary funds. Motion by Mavor Pro Tem Ridgeway to approve the Supplemental Budget Items list as presented, with the deletion of the $6,750 for the Corona del Mar Chamber of Commerce directory, the addition of $60,000 for preliminary engineering of the potential dredging project on the eastern portion of the Semeniuk Slough and addition of $15,000 for the West Newport Rejuvenation Program Study. City Manager Bludau stated that the total of the Supplemental Budget Items list, as amended, is $1,069,476. Volume 56 - Page 263 City of Newport Beach Regular Meeting June 24, 2003 INDEX Council Member Adams asked Council Member Proctor how the rejuvenation project would be funded. Council Member Proctor stated that he plans to have the study include a visioning process to determine specific improvements. He stated that there is a lot to be done and this would only be the start. Council Member Adams stated that the entire City would benefit from a rejuvenation of West Newport, but the West Newport residents would benefit the most and they might consider providing some of the funding for the implementation of the improvements. Mayor Pro Tem Ridgeway noted that there is little commercial activity in the area and the homeowners' association has limited funds. Council Member Proctor added that the improvements would most likely be City - generated and might include changes to ordinances and codes, and capital improvement projects. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols Motion by Mavor Pro Tern RidLrewav to adopt Resolution No. 2003- 29 adopting the City's 2003 -04 Budget, as amended by the approved Supplemental Budget Items list. Council Member Heffernan stated that the Administrative Services Director provided him with some figures regarding the Public Employee Retirement System (PERS) after the City Council meeting of June 10, 2003. Council Member Heffernan pointed out that the increase for safety personnel for the 2003 -04 fiscal year is 35 %, and 37% increase for miscellaneous employees. For the 2004 -05 fiscal year, the increase will be 46% increase for safety personnel and 62% for miscellaneous employees. He noted that this is a multi- million dollar increase each year and is outside the City's control. Lastly, Council Member Heffernan noted that total employee costs for the 2003 -04 fiscal year will be $66 million and $73 million in 2004 -05. Council Member Adams asked what the total retirement costs will be for the 2003 -04 fiscal year. Council Member Heffernan stated that the total PERS contribution for safety personnel is $7 million, and $2.3 million for miscellaneous employees. He noted that this totals approximately $9.5 million and the figure is expected to increase to $14 million for the 2004 -05 fiscal year. Jim Hildreth requested that the City install an access structure at the southwest end of the Grand Canal. Volume 56 - Page 264 City of Newport Beach Regular Meeting June 24, 2003 The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols 27. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) AND THE AVIATION COMMITTEE. Council Member Webb stated that he will be prepared to make his appointment to EQAC at the City Council meeting of July 22, 2003. Council Member Adams stated that he is also not prepared to make his appointments to EQAC or the Aviation Committee. He requested that the effects of redistricting on the committees be reported to the City Council. He stated that it may not be fair to retain the current appointments until they expire, because some of the districts have changed significantly. Mayor Bromberg stated that he is willing to make the changes in the appointments through attrition, but he doesn't agree with removing the volunteers from serving on the committees prior to the expiration of their appointment. Council Member Adams stated that he didn't feel that it was fair that some of his appointees might not be in his district when the redistricting takes effect. City Manager Bludau stated that staff will prepare a report addressing the committee appointees and which ones have changed due to the new district boundaries. Council Member Adams stated that he would prefer to make his appointments after reviewing the report from staff. Mayor Bromberg requested that the appointments be continued to the City Council meeting of July 22, 2003. Council Member Heffernan confirmed that the report will only be dealing with the appointments made by council members. 28. APPOINTMENTS TO COASTALIBAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. Mayor Bromberg appointed Council Member Webb to the vacant Council seat on the Coastal/Bay Water Quality Citizens Advisory Committee and designated Council Member Webb as the Vice - Chairman. Council Member Adams stated that he would also defer this appointment pending the report from staff, as discussed in Item No. 27. Motion by Council Member Adams to confirm the appointment of Council Member Webb to the vacant Council seat on the Coastal/Bay Volume 56 - Page 265 INDEX EQAC /Aviation Committee Appointments (24) Coastal/Bay Water Quality Citizens Advisory Committee (24) City of Newport Beach Regular Meeting June 24, 2003 Water 14uahty Uitizens Advisory Uommittee and the designation of Council Member Webb as the Vice - Chairman of the Coastal/Bay Water Quality Citizens Advisory Committee. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols 29. APPOINTMENTS TO BOARDS AND COMMISSIONS. Mayor Bromberg thanked all those that applied for the vacancies on the six boards and commissions. He stated that it's a difficult decision for the council members and those that aren't appointed should consider applying again. Deputy City Clerk Fisher read the ballot votes of the council members for the Board of Library Trustees as follows: Karen Clark (Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg) Kathleen Peterson (Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg) Deputy City Clerk Fisher announced that Karen Clark is reappointed and Kathleen Peterson is appointed to the Board of Library Trustees. Deputy City Clerk Fisher read the ballot votes of the council members for the City Arts Commission as follows: Wendy Brooks (Heffernan, Proctor, Ridgeway, Adams, Mayor Bromberg) Kathy Poppers (Webb) Deputy City Clerk Fisher announced that Wendy Brooks is appointed to the City Arts Commission. Deputy City Clerk Fisher read the ballot votes of the council members for the Civil Service Board as follows: James Dunlap (Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg) Deputy City Clerk Fisher announced that James Dunlap is reappointed to the Civil Service Board. Deputy City Clerk Fisher read the ballot votes of the council members for the Harbor Commission as follows: Donald Lawrenz (Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg) Volume 56 - Page 266 INDEX Board & Commission Scheduled Vacancies (24) City of Newport Beach Regular Meeting June 24, 2003 Deputy City Clerk Fisher announced that Donald Lawrenz is reappointed to the Harbor Commission. Mayor Pro Tem Ridgeway noted that both James Dunlap and Donald Lawrenz are the incumbents and have been doing a fine job. Mayor Bromberg added that new appointees have often applied for the position several times before being appointed. Deputy City Clerk Fisher read the ballot votes of the council members for the Parks, Beaches & Recreation Commission as follows: Steven Rosansky (Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg) Deputy City Clerk Fisher announced that Steven Rosansky is appointed to the Parks, Beaches & Recreation Commission. Deputy City Clerk Fisher read the ballot votes of the council members for the Planning Commission as follows: Robert Badham (Adams) Jeffrey Cole (Heffernan, Proctor, Ridgeway, Mayor Bromberg) Barry Eaton (Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg) Marc Franklin (Heffernan) Robert Hawkins (Webb) Earl McDaniel (Proctor, Ridgeway, Adams, Webb, Mayor Bromberg) Deputy City Clerk Fisher announced that Barry Eaton is appointed and Earl McDaniel is reappointed to the Planning Commission, and Jeffrey Cole is appointed to the Planning Commission for the unscheduled vacancy with a term expiring June 30, 2004. Mayor Bromberg congratulated the appointees and thanked all those that participated in the process. P. CURRENT BUSINESS 30. RESOLUTION TO CREATE A BUILDING AD HOC COMMITTEE. Mayor Bromberg stated that at the City Council meeting of June 10, 2003, it was approved to move forward with the studies for the proposed new City Hall. He stated that it seems appropriate to have an oversight committee that will develop and receive ideas, and participate in the public outreach process. Mayor Bromberg appointed himself, Mayor Pro Tem Ridgeway and Council Member Heffernan to the Building Ad Hoc Committee. Motion by Council Member Webb to adopt Resolution No. 2003 -30 creating a Building Ad Hoc Committee to work with Griffin Holdings, Inc. in site and facility planning for the proposed improvements of City Volume 56 - Page 267 I$ Dli Res 2003 -30 Building Ad Hoc Committee (24) City of Newport Beach Regular Meeting June 24, 2003 Hall, Fire Station and Parking Structure; and confirm the Mayor's appointment of Mayor Bromberg, Mayor Pro Tem Ridgeway and Council Member Heffernan to the Building Ad Hoc Committee. Council Member Heffernan noted that he voted against the action to build a new City Hall. He stated that he appreciates the opportunity to assist in the project. Mayor Bromberg stated that Council Member Heffernan is very well qualified to serve on the Committee. Council Member Proctor added that Council Member Heffernan's background will be very beneficial to the Committee. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols 31. CITY COUNCIL AND PLANNING COMMISSION CALLS FOR REVIEW. Mayor Bromberg stated that he originally felt that every council member should have the right to call up for review any decision of the Planning Commission, but he has since changed his mind and feels that needing two council members is acceptable too. Motion by Council Member Webb to change the Calls for Review process by requiring two council members to call for review any decision of the Planning Commission. Council Member Heffernan stated when a decision of the Planning Commission is called up, it means that the entire matter is reviewed by the City Council. Council Member Heffernan suggested that it would be more efficient to only review the items that the council member is contesting. He stated that it focuses staff and the City Council's time on the items that are at issue, but that requiring two council members to call up an item for review might make it difficult to agree on the limit of scope. Council Member Adams asked if this would preclude any two council members from calling up an item de novo. He expressed his concern for this right being taken away. Council Member Heffernan stated that he couldn't conceive how an appeal would be so broad based that it would require the entire hearing again. City Manager Bludau stated that it might occur when the Planning Commission denies a request and no conditions are attached to the denial. Council Member Proctor suggested that it might be better to adopt Volume 56 - Page 268 I0)17�►� City Council & Planning Commission Calls for Review (68) City of Newport Beach Regular Meeting June 24, 2003 Council Member Heffernan's suggestion as an option. City Attorney Burnham stated that currently a council member does not have to express the reason for a call up. He stated that in some cases, it might work and in others, it wouldn't. He suggested that it could be done on a case by case basis and that part of the call up process might include a discussion on the rationale for the call up. He stated that this might help staff focus on the particular issue and limit the amount of staff time spent on call ups. Council Member Adams stated that it's an appealing suggestion, but if the item was noticed and the City Council was limited to discussing only certain conditions, it might present a problem. City Attorney Burnham agreed that there could be situations where limiting the nature of the hearing could present a problem. Per Council Member Heffernan's question, City Attorney Burnham stated that a council member might also have to discuss his rationale for wanting to call up an item if he needs a second council member to concur with his decision. Council Member Heffernan confirmed with City Attorney Burnham that if he was not successful, he would have the option of appealing the item as an individual and paying the appeal fee. City Attorney Burnham added that if there is the desire to limit the number of call ups, the City Council could also consider allowing the call up of approvals but not denials, which used to be the rule. Council Member Adams stated that the objective is not to limit the number of call ups, but to limit the number of indiscriminate and foolish call ups. He stated that requiring two council members to call up an item would achieve that. In response to Council Member Heffernan's question, City Manager Bludau stated that approximately six call ups have occurred during the current fiscal year. Mayor Pro Tem Ridgeway stated that he remembers previous years having no call ups. Council Member Adams stated that in fairness to the applicant, if an item is called up, the entire issue should be heard. He stated that requiring two council members to call up an item could save quite a bit of time and that he supports the suggestion in a practical sense, but that he does have a problem with changing public policy to address the actions of one individual. The motion carried by the following roll call vote Ayes: Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: Heffernan Abstain: None Absent: Nichols 32. ZONING CODE AMENDMENT INITIATION — AMEND CHAPTER 20.93 (MODIFICATION PERMITS) TO REFLECT CITY COUNCIL Volume 56 - Page 269 INDEX Res 2003 -31 Zoning Code City of Newport Beach Regular Meeting June 24, 2003 GUIDANCE [PA2003 -0801. Planning Director Temple stated that the current standard used by the City for modification permits is to find that there is no detriment to the neighborhood. She stated that most communities have begun requiring that applicants show justification as to why a deviation from the development standards is necessary for their project. Planning Director Temple stated that this information combined with the City Council's direction at the Study Session of April 22, 2003, staff is recommending that the City consider three replacement findings for the modification permit process. She stated that these are listed in the staff report. Planning Director Temple stated that staff has found that architects are designing projects not necessarily to comply with code, but to comply with what they feel the Modification Committee will approve. As a result, the City is seeing many new homes built with requested modifications. She stated that it should be required that practical difficulties be found with the property that cause the need for a variation or deviation from the development standard. She added that staff would work on the language to make sure it could be applied in a fair manner. Planning Director Temple stated that it is also recommended to change the modification notification radius from 100 feet to 300 feet. Council Member Heffernan asked what determines if a matter is heard by the Modification Committee or the Planning Commission. Planning Director Temple stated that a previous staff report listed the items that can be dealt with by the Modification Committee. She noted that these are also listed in the code. Briefly, she stated that the items include heights of fences, setback encroachments and certain types of architectural features. Council Member Heffernan confirmed that it is not a discretionary matter and that the action before the City Council is not to change the list, but to change the findings used by the Modification Committee in making their determinations. Council Member Adams asked how the change would be enacted. Planning Director Temple stated that the item would come back to the City Council as a code amendment. Council Member Adams asked if staff had enough direction to prepare the amendment or if Planning Commission input would be sought. Planning Director Temple suggested that staff could prepare a resolution of intention to initiate the code amendment and then hold public hearings before both the Planning Commission and the City Council. Council Member Adams expressed his concern for the change to neighborhood compatibility. Mayor Bromberg agreed and noted that the Modification Committee would be relied on to determine what is compatible for a particular neighborhood. Council Member Adams stated that he was more concerned about the process that will be used to develop the appropriate language. Assistant City Manager Wood stated that if the City Council has some Volume 56 - Page 270 INDEX Amendment (94) City of Newport Beach Regular Meeting June 24, 2003 concern about the neighborhood compatibility finding, direction can be given to staff and the Planning Commission to give particular attention to the language and the City Council can review this language when the action is before them. Motion by Council Member Adams to adopt Resolution No. 2003 -31 initiating an amendment to Title 20 of the Newport Beach Municipal Code to amend Chapter 20.93 to revise the Modification Committee's required findings to re -adopt the 300 -foot public notice radius. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: None Absent: Nichols Q. MOTION FOR RECONSIDERATION —None. R. ADJOURNMENT at 10:55 p.m. in memory of Bud Frenzel and Lucile Burger. ttttt:r:ttttttttttttt The agenda for the Regular Meeting was posted on June 18, 2003, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 271 ff UT 9