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HomeMy WebLinkAbout12/11/2001 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 11, 2001 - 7:00 p.m. — 3:30 p.m. CLOSED SESSION — 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Absent: None C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Brownie Troop 2700 from Newport • Elementary School. E. INVOCATION — Jim deBoom, Newport Mesa Irvine Inter -Faith Council. F. Presentation of Proclamation to Harbor View School honoring their National Blue Ribbon Award. Chamber of Commerce Presentation of Grants from Taste of Newport Proceeds. Visioning Festival Announcement. G. MAYOR & MAYOR PRO TEMPORE ELECTION Outgoing Mayor's comments. Mayor Adams stated that it has been an honor to serve as the Mayor. He thanked the City Council for their support and noted that Council elects the Mayor to this position. He stated that this Council has been hard working, effective, sincere, and deliberative. He reported that the accomplishments speak for themselves, but emphasized the importance of the Newport Coast/Newport Ridge annexation which has been in the City's sphere of • influence for about 30 years. He welcomed the Newport Coast residents into this great City. Volume 54 - Page 611 INDEX City of Newport Beach City Council Minutes December 11, 2001 . Mayor Adams thanked the members of the public who have been engaged in the process and taken the time to attend meetings, call, and write to Council. He stated that he is proud of how Council has worked with the citizens over the last year. He also thanked the City staff for their tremendous support and hard work on a day -to -day basis, noting that Council is just the policy makers. He expressed his thanks to Helen Wick of the Mayor's Office who has been of great help to him. He concluded by thanking his wife who has made tremendous sacrifices over the last year and added that he cannot thank her enough. Council Member Proctor stated that three of the Council Members have gone through their first year on the City Council and did not realize what a massive job being Mayor entails. He commended Mayor Adams for working hard and keeping Council together and focused. He emphasized that Council accomplishments have been monumental in large part because of Mayor Adams' direction and leadership. Mayor Pro Tern Ridgeway stated that Mayor Adams has been very dedicated to the City during his term on Council and pointed out that he had the daunting task of getting the Greenlight initiative implemented. He added that he has also been involved in many issues, not just the John Wayne Airport Settlement Agreement and annexation. He emphasized that the amount of hours Mayor Adams has dedicated to the City are much more than just attending Council meetings. He announced that he is pleased to present the gavel plaque to • Mayor Adams. Council Member Heffernan stated that, although he is a dissident on many issues, he complimented Mayor Adams for bringing his engineering background to City issues. He added that he has gotten Council to stay on track when decisions needed to be made. He stated that goals were reached due to Mayor Adams' leadership and clarity of what he wanted done this year. He emphasized that the process is more important than anyone's opinion on Council and that Mayor Adams brought that process into focus for Council. Council Member O'Neil noted that he is the only former Mayor sitting at the dais today. He stated that Mayor Adams has done an excellent job of providing the leadership with a very skillful hand. He thanked him for being the great Mayor that he was. Council Member Glover expressed the opinion that this has been the best Council she has ever served with and added that Mayor Adams has done a superb job. She believed that this Council has a professional attitude to each other, respects each others' opinions, and does not hold grudges. Council Member Bromberg noted that he, along with Council Members Proctor and Heffernan, have completed one year as Council Members and stated that Mayor Adams made his job easier by making sure Council stayed on track. Further, if issues were unclear, he also made sure everyone received an explanation of what was happening. He thanked Mayor Adams for doing a • wonderful job and for his dedication. Volume 54 - Page 612 INDEX City of Newport Beach City Council Minutes December 11, 2001 • Election of Mayor. City Clerk Harkless announced that she will be presiding over the election of the new Mayor. She placed all members of the City Council on an equal basis to nominate and elect, and asked if there were any nominations. Council Member O'Neil nominated Mayor Pro Tem Ridgeway. Council Member Heffernan expressed concern that Greenlight is being looked after, but reiterated that the process is more important than the person. He believed that Mayor Ridgeway will do a good job and stated that he will support the nomination. Hearing no further nominations and no objections to electing Council Member Ridgeway as the new Mayor, City Clerk Harkless announced that Mayor Pro Tem Member Ridgeway was elected by acclamation. Mayor Ridgeway took his proper place at the Council table. Election of Mayor Pro Tem. Mayor Ridgeway announced that he would preside over the election of the new Mayor Pro Tem. He placed all members of the City Council on an equal basis to nominate and elect, and asked if there were any nominations. • Council Member Glover nominated Council Member Bromberg. Hearing no further nominations and no objections to electing Council Member Bromberg as the new Mayor Pro Tem, Mayor Ridgeway announced that Council Member Bromberg was elected by acclamation. Mayor Pro Tem Bromberg took his proper place at Council table. The City Council then decided on the seating arrangements of the Council table, with senior members having first preference. The follow seating, from left to right, was decided upon: Heffernan, O'Neil, Bromberg, Ridgeway, Glover, Adams, Proctor. New Mayor's comments. Mayor Ridgeway stated that he is honored to be the City's Mayor and be that there is a task before Council. He thanked his Council colleagues and who elected him to Council. Mayor Ridgeway stated that the City's main issue is quality of life. He believed that Newport Beach is a world class city that caters to its citizens, business community, and tourism. He noted that, over the last couple of years, the issues of traffic and growth have come up. He stated that he remembers when the Boy Scout Jamboree was in the City in 1953, adding that he also remembers what the salt flats looked like, traveling on Back Bay Drive, and when the City was • not developed. He noted that the population back then was 10,000 to 20,000 people, but it almost has 77,000 today. He pointed out that much of the growth is natural growth, especially when the City had affordable housing. Mayor Ridgeway stated that the City has a goal to try to maintain affordability. He Volume 54 - Page 613 INDEX City of Newport Beach City Council Minutes December 11, 2001 • emphasized that the entire County is also experiencing natural growth. He expressed the opinion that the City has a lot of traffic that has been created by development outside of the City. He reported that the City has actually decreased the amount of traffic if one looked at all of the projects that have been approved over the last ten years. Noting that the amount of traffic in the County has increased, he believed that people need to be more tolerant of this. He pointed out that the City is holding a Visioning Festival in January 2002 to look at growth and how the City will look in the future. Mayor Ridgeway stated that the City has changed and is an older City, noting that 44% of residents are 35 to 64 years old and 17% are over 65 years old. Further, he stated that only 60% are owner - occupied units and that many of the renters want to buy houses in the City. He reported that he would like to say that he created some housing for his children and grandchildren when he leaves the City because right now affordable housing does not exist. Mayor Ridgeway stated that the City has the best library and provides 75% its own water to the residents. He emphasized that the City has worked he and continues to work hard to clean the bay and ocean waters. He express hope that, by the time he leaves office, Council has accomplished making 1 bay and ocean cleaner. He stated that Council has to remember that the C cannot live in a vacuum since it is part of a larger community, noting that the are 34 cities in the County. He stated that it would be irresponsible to say thf can be no more development. He emphasized that Council is dedicated to bei • deliberate on all the regional issues. He expressed hope that everyone will involved in the visioning process. Mayor Ridgeway thanked his wife and children for tolerating his schedule, noting that each Council Member dedicates at least one hundred hours a month. New Mayor Pro Tern's comments. Mayor Pro Tern Bromberg thanked his colleagues for selecting him as Ma: Pro Tern and stated that he looks at this as a vote of confidence. He emphasis that the Council Members are talented and that he has not seen the like other cities. He stated that Council will be doing a great deal in the next ys that will affect the City's quality of life over the next 50 years. He noted tl the City has a great staff and that Council's charge has been set for them. Mayor Pro Tern Bromberg thanked his wife for putting up with all the time it takes to be on Council. He stated that he never thought he would ever be on Council in his wildest dreams, but noted that someone is only on the City Council in Newport Beach if they are dedicated to the City and truly want to get something accomplished. H. NOTICE TO THE PUBLIC I. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL • MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Proctor reported that the Orange County Regional Airport Association (OCRAA) passed a resolution regarding the Great Volume 54 - Page 614 INDEX City of Newport Beach City Council Minutes December 11, 2001 INDEX • Park and its economic costs and asked each city to consider adopting the same resolution. He requested that this be placed on the next agenda since the City is a member of OCRAA. • Council Member Glover stated that she has been working with General Services Director Niederhaus about possibly increasing the trimming of the mature City trees and requested that this be placed on a future agenda. • Mayor Pro Tem Bromberg announced that the Little Balboa Island Property Owners Association will be presenting a flag to the Fire Department at the Balboa Island Fire Station on Saturday, December 15 at 10:00 a.m. in honor of the firefighters, as well as the firefighters who have lost their lives. • Mayor Ridgeway requested an origin and destination study on all traffic in order to understand why the City has so much traffic during the peak hours when the City has actually reduced the allocable trips in terms of land use. He asked that this be made part of the visioning process. J. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS • 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 27, 2001. Waive reading of subject minutes, approve as written and order filed. Council Member Adams abstained from voting on this item. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Removed at the request of Council Member Glover. 4. Removed at the request of Council Member Glover. ORDINANCE FOR ADOPTION 5. ORDINANCE EXTENDING NON - EXCLUSIVE FRANCHISES Ord 2001 -23 WITH ADELPHIA & COX CABLE COMMUNICATIONS. Adopt Adelphia and Cox Ordinance No. 2001 -23. Cable (42) RESOLUTIONS FOR ADOPTION • 6. RESOLUTION RECITING THE FACT OF THE SPECIAL Res 2001 -95 MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 20, Special Municipal 2001, DECLARING THE RESULT AND OTHER SUCH MATTERS Election Results AS PROVIDED BY LAW. Adopt Resolution No. 2001.95. (39) Volume 54 - Page 615 City of Newport Beach City Council Minutes December 11, 2001 INDEX • 7. RESOLUTION AUTHORIZING THE INSTALLATION OF STOP Res 2001 -96 SIGNS ON FORD ROAD AT NEWPORT HILLS DRIVE EAST. Stop Signs on Adopt Resolution No. 2001 -96 requiring all traffic on Ford Road to stop Ford Road at Newport Hills Drive East. (85) 8. APPROVAL OF RESOLUTIONS FOR REQUESTING STATE Res 2001 -97 PARK BOND FUNDS. Adopt the following resolutions for application Res 2001 -98 of grant Funds under the Safe Neighborhood Park Clean Water, Clean Sate Park Air and Coastal Protection Bond Act of 2000: 1) Resolution No. 2001 -97 Bond Funds for grant funds for the Per Capita Grant Fund in the amount of (62) $685,000; and 2) Resolution No. 2001- 98 for grant funds for the Roberti- Z'Berg- Harris Urban Open Space and Recreation Grant in the amount of $220,120. 9. JWA SETTLEMENT AGREEMENT EXTENSION GENERAL Res 2001 -99 PLAN AMENDMENT (PA 2001 -222). Adopt Resolution No. 2001 -99 GPI 2001 -003 initiating the General Plan Amendment (GPI 2001 -003). (45) 10. Removed at the request of an audience member. CONTRACTS AND AGREEMENTS 11. Removed at the request of Council Member Glover. 12. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND C -3498 EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF . Automatic Aid for NEWPORT BEACH AND THE CITY OF LAGUNA BEACH. Fire, Rescue and Approve the subject agreement and authorize the Mayor to execute the Emergency Medical agreement. Services (38) 13. BALBOA PIER PARKING LOT RESURFACING. 1) Authorize the C -3333 resurfacing of the Balboa Pier Parking lot to be included within the Balboa Pier scope of work for the Balboa Village Improvement Project (C- 3333); and Parking Lot 2) authorize the City Manager to execute Change Order No. 1 with Resurfacing GCI Construction, Inc., in the amount of $195,135 for this work. (38) 14. CITY FACILITY LIGHTING RETROFIT - AWARD OF C -3477 CONTRACT (C- 3477). 1) Approve the plans and specifications; City Facility 2) award the contract (C -3477) to Sylvania Lighting Services for the Lighting Retrofit total bid price of $122,568.40 and authorize the Mayor and the City (38) Clerk to execute the contract; and 3) establish an amount of $12,000 to cover the cost of unforeseen work. 15. DOVER DRIVE ZONE II WATER MAIN REPLACEMENT AND C -3394 STREET REHABILITATION FROM CLIFF DRIVE TO WEST Dover Drive Zone II COAST HIGHWAY - AWARD OF CONTRACT (C- 3394). Water Main 1) Approve the plans and specifications; 2) award the contract (C -3394) Replacement and to Albert W. Davies for the total bid price of $770,931 and authorize the Street Rehabilitation Mayor and the City Clerk to execute the contract; and 3) establish an (38) amount of $50,000 to cover the cost of unforeseen work. • 16. POLLUTION LEGAL LIABILITY RENEWAL. Approve the renewal Pollution Legal of the pollution legal liability insurance coverage with Greenwich Liability Renewal Volume 54 - Page 616 City of Newport Beach City Council Minutes December 11, 2001 INDEX • Insurance for the policy period 12/1/01 to 12/1/04 for the quoted (47) premium of $296,912. MISCELLANEOUS ACTIONS 17. ACCEPT THE OFFER OF DEDICATION FOR PARCELS A, C, Offer of Dedication/ AND D ON PARCEL MAP NO. 98 -204 (FREEWAY Freeway Reservation/ RESERVATION) AND LOTS 5, PP, QQ, RR, AND SS OF TRACT Bonita Canyon Parcel NO. 15317 (BONITA CANYON PARCEL). 1) Accept the offer of (TT 15317) dedication of Parcels, A, C, and D on Parcel Map No. 98 -204 (Freeway Reservation) and Lots 5, PP, QQ, RR, and SS of Tract No. 15317 (Bonita Canyon Parcel); and 2) authorize the City Manager and City Clerk to accept the offer of dedication; and direct the City Clerk to have the document recorded in the Office of the Orange County Recorder. 18. BEACH RESTROOM CLEANING. Receive and file. Restrooms (44) 19. BUDGET AMENDMENT IN THE AMOUNT OF $56,470 TO BA -024 INCREASE REVENUE ESTIMATES AND EXPENDITURE Library Services APPROPRIATIONS DUE TO RECEIPT OF A FEDERAL to Seniors LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT (40/50) FOR LIBRARY SERVICES TO SENIORS. Approve BA -024. 20. APPROVAL OF RECOMMENDATIONS FOR PROPOSED C -3333 ACTIONS TO ASSIST BALBOA VILLAGE BUSINESSES AND Balboa Village RESIDENTS DURING CONSTRUCTION OF IMPROVEMENTS. • Improvement Approve and implement staff recommendations. (38) S31. MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE C -3500 CITY AND THE IRVINE COMPANY REGARDING SENIOR Senior Affordable AFFORDABLE HOUSING ON LOWER BAYVIEW LANDING. Housing Authorize the Mayor to execute the MOU. (38) Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar, except for those items removed (3, 4, 10 and 11), and noting Council Member Adams' abstention on Item No. 1. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None K. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ORDINANCE RELATING TO THE PROTECTION OF NATURAL Ord 2001 -24 HABITAT FOR MIGRATORY AND OTHER WATERFOWL; Migratory and • PROHIBITION ON INCUBATION, FEEDING. Other Waterfowl/ Incubation/Feeding Council Member Glover reported that, when she was Chair of the (51) Harbor Quality Committee, they tried to get this approved but were not Volume 54 - Page 617 City of Newport Beach City Council Minutes December 11, 2001 INDEX • successful. She believed that it is appropriate not to feed the waterfowl anywhere because the City is spending millions of dollars cleaning the bay and noted that the National Pollutant Discharge Elimination System (NPDES) will be very strident. She stated that it seems that the staff report prohibits some people from feeding birds while others are allowed. Assistant City Manager Kiff stated that Section 7.26.010.F allows incidental feeding since the prohibition is oriented toward large scale feeding. Council Member Glover noted that Council will be voting later tonight on legislation relative to the NPDES and expressed the opinion that it would be hypocritical to support that and not support a complete non - feeding ordinance. Council Member Proctor believed that incidental or de minimus feeding was aimed so children would not be cited if they fed waterfowl. City Attorney Burnham indicated that it is not limited to children, but agreed that the section is trying to exempt feeding that does not alter the natural habitat or environment of waterfowl. Council Member Proctor asked if this runs the risk of being overbroad if incidental or de minimus was not included. Mr. Burnham stated that the City may potentially have an enforcement problem. Mayor Pro Tern Bromberg stated that he started this process, noting that he serves on the Harbor Quality Committee with the Mayor. He indicated that he had a concern that a ban on all feedings would turn • into an overbroad ordinance and be subject to attack. He added that there may also be vagueness and enforcement issues. He expressed the opinion that this allows a person to feed ducks with a handful of food because it is not going to impact the migration and health of the waterfowls or the neighborhoods that the waterfowls inhabit. Motion by Mayor Pro Tem Brombere to introduce Ordinance No. 2001 -24 and set for second reading and adoption on January S, 2002. Jim Hildreth, 120 The Grand Canal, believed that a lady on the Grand Canal is being singled -out because she likes feeding ducks. He stated that the lady should be encouraged to do something other than feed the ducks and that she should not be punished. He asked if people will be fined for throwing down a piece of bread while having coffee at Starbucks since it will eventually enter the waterway. Eric Landao stated that he is representing Mrs. Lockland, Edward and Mary Waters, and his family. He believed that the ordinance, specifically Section 7.26.030, is vague because incidental or de minimus feeding is not defined. He expressed concern that the ability to enforce this ordinance is jeopardized. He stated that a handful of feed is not the issue since an entire busload of people can equal 30 handfuls of feed. He indicated that he understands that a few people will not be able to feed the waterfowl, but believed that this is a small price to pay. • He stated that he endorses a complete prohibition. Don Smith, 211 Grand Canal, stated that he lives four doors away from Mrs. Justin who has been feeding the ducks for years and encouraged Volume 54 - Page 618 City of Newport Beach City Council Minutes December 11, 2001 INDEX Council to walk past her house. He stated that the ducks sit on his boat, make a mess on the boat and dock, lay eggs in the planters, and carry diseases. He believed that Mrs. Justin is the person most responsible for domesticating the ducks since she buys feed in 50 pound bags and provides water on a regular basis. He stated that it is incumbent upon the City to do something about this and that the ordinance is overdue. Mike Buettell, 307 Grand Canal, stated that his grandfather built his house in 1948, he has been visiting the area since then, and he and his wife have been fulltime residents since 1979. He indicated that he may be guilty of the duck problem since his sister got a couple of the white ducks for her birthday in 1960. He stated that he does not have a problem with a few ducks or people feeding the ducks occasionally; however, he believed that the situation in the 200 block of the Grand Canal is deplorable. He agreed with Mr. Smith and encouraged anyone to walk through that block, believing that it is a disgrace to Balboa Island. He pleaded with Council to adopt the ordinance since it addresses the problem. Jack Skinner, 1724 Highland Drive, stated that he has been interested in the bay's water quality since 1983. He indicated that the Orange County Health Department will be testing the bay on Monday at 35 locations to measure the bacterial counts. He stated that the County is • concerned because the test cannot distinguish whether the high count is due to ducks or humans. He reported that new tests this year might be able to distinguish this but the tests are not going to be used to determine whether a beach should be posted. He believed that some of the postings occur because of duck waste. He named a few of the illnesses that can be spread from animals to humans and expressed hope that Council approves the recommendation. Al Silcock, 9 Balboa Coves, stated that this is not just a Grand Canal issue. He indicated that he could view at least 100 ducks to the left of his home. He stated that Channel Place Park is to the right of his home and is in one of the most contaminated areas of the bay. He noted that during the summer and after ducks are fed, the contaminated water washes past his home to Channel Place Park. He emphasized that his concern is for the children that use the park, He expressed his support and requested that Council approve the ordinance tonight. Rick Warner stated that he lives on Grand Canal and that his family avoids the 200 block when they go on walks because of the duck mess. He emphasized that the ducks are unhealthy, carry disease, and kids ingest the contaminated water. He believed that the Grand Canal water is probably one of the most polluted waters in Newport Harbor. He expressed his support of the ordinance and hoped that it clears away the ducks. He added that, if the ducks did not get fresh water • daily, they would leave the area. He pointed out that the ordinance can be amended later if it does not work. Volume 54 - Page 619 City of Newport Beach City Council Minutes December 11, 2001 • Nancy Skinner stated that it is time for this ordinance, noting that the Harbor Quality Committee has worked on this issue for a long time. She stated that the ordinance is for the people, children, swimmers, and even for the ducks. Council Member Heffernan reported that his two sons are members of the Junior Lifeguards and that they were required to get Hepatitis -A shots during their annual physical because they swim in the bay and the ocean. He noted that there are 1,200 Junior Lifeguards and a lot of children that swim in the bay. He asked what has been allowed in the City that requires the children to get this shot, pointing out that they are not going to a foreign country. He stated that this is a wakeup call for the City. He emphasized that the City has a lot of businesses, but will have 75,000 residents when the annexation of Newport Coast is complete. He added that Council has to take affirmative action when there is a congested environment, especially since the City is at the end of the pipe for the region. He stated that, if Council has to take care of the ducks or take stern action with the local sewer plant and storm drain runoff, it better do it. He indicated that the City should start changing people's behavior or the quality of life will suffer. He stated that the City should deal with its water issues because Hepatitis -A has no place in the City. Noting that people do not want the ordinance amended, Council • Member Glover stated that she intends to bring this back because the NPDES regulations are going to be extremely strident on all of the residents and businesses in order to clean the bay. She asked if Council was interested in prohibiting providing waterfowl with fresh water. Council Member Proctor stated that residents have called him, believing that the ordinance should include all birds. He noted that the proposed ordinance deals with ducks, gulls, terns, and pelicans. Mayor Ridgeway indicated that this was discussed by the Harbor Quality Committee and noted that pigeons are not migratory birds. Mayor Ridgeway emphasized that the ordinance is not directed toward any person or area of the harbor, but is designed to prevent problems. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Ridgeway Noes: None Abstain: None Absent: None 4. PROPOSED HARBOR Bromberg, Glover, Adams, Proctor, Mayor Council Member Glover asked why Harbor Commissioners cannot be • appointed now, rather than waiting a year. Senior Planner Alford stated that one of the recommendations is to extend the Ad Hoc Harbor Committee for another year. He stated that the Harbor Commissioners can be appointed through the normal Council Policy process. Volume 54 - Page 620 INDEX Ord 2001 -25 Harbor Commission/ Harbor Committee (24) C I City of Newport Beach City Council Minutes December 11, 2001 INDEX Motion by Council Member Glover to 1) introduce the Ordinance establishing the Harbor Commission and pass to second reading on January 8, 2002; and 2) adopt the Resolution directing the Harbor Committee to provide advice and orientation to the newly appointed Harbor Commission and extending the term of the Harbor Committee to 2003. Nancy Skinner asked why the City needs a Harbor Commission when the Harbor Committee can do these things, except make some permit decisions. John Corrough, 1004 S. Bayfront, Chair of the Ad Hoc Harbor Committee, stated that the Committee surveyed cities along the coastline and discovered that Newport Beach is the only city in the State with a harbor but no Harbor Commission. He explained that this is significant when they go to the County, State, or Federal government requesting funds, cooperation, or standing for dredging and water quality issues. He stated that there is a sense that having a commission or board working on an issue is seen differently than if it was just an ad hoc committee. Mr. Corrough pointed out that this was not something the Committee felt they needed to do, but was something that has to be done in order to have the standing with outside agencies. He added that he has even heard this from politicians and agencies. • In response to Council Member Glover's questions, Mr. Corrough stated that there is a split feeling on the Committee about why the City would need to continue the Committee when a Commission is going to be created. He reported that the idea behind it is to have a transitional period since there are a number of issues that need continuity. He indicated that he is not sure how long the Committee should stay in place after the transitional period. City Attorney Burnham suggested that a provision be added that extends the Committee's term for a year or until Council takes action sunsetting the Committee. He indicated that sunsetting can also be automatic in a year. Mayor Ridgeway noted that the Committee, according to the staff report, is under the auspices of the Commission, not Council. Seymour Beek, 528 S. Bayfront, former Chair of the Ad Hoc Harbor Committee, stated that he has been on the Committee for almost three years and that there are a lot of great people on it. However, he indicated that the Committee has moved slowly, has about 20 members, and the attendance rules are not strict. He believed that many issues need to be addressed, but the Committee is not getting to them fast enough. Further, he felt that a Commission may be better suited to handle some of the issues. He expressed the opinion that the harbor and bay are the most important assets that the City has, deserves the best effort and attention, and deserves a Commission. • Council Member Adams indicated that he did not hear a case for keeping the Committee. Volume 54 - Page 621 City of Newport Beach City Council Minutes December 11, 2001 • Substitute motion by Council Member Adams to introduce the Ordinance establishing the Harbor Commission and pass to second reading on January 8, 2002. Mayor Ridgeway directed the City Clerk to begin advertising in order to get applications prior to the adoption of the ordinance. City Clerk Harkless indicated that the advertising process can begin with the indication that it is contingent upon the ordinance being adopted. She reported that the ordinance would go into effect on February 7, 2002. Amended substitute motion by Council Member Adams to introduce Ordinance No. 2001 -25 establishing the Harbor Commission and pass to second reading on January 8, 2002; direct that the Ad Hoc Harbor Committee be sunsetted when the Harbor Commission is in effect; and direct the City Clerk to begin advertising. The amended motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None • 10. EMPLOYEE POLICY MANUAL. Robert Foster, Chair of the Civil Service Board, stated that he wanted to make sure the public is aware of the eight year effort that has gone into generating the Employee Policy Manual. He showed the volume of material that has been looked at by all department heads, key employees, and bargaining units, adding that the end product effects every City employee. He provided Council and the City Manager with a commemorative, humorous cover for the Manual. He thanked the Civil Service Board for all their effort and Council for their time and participation during a previous Study Session. City Attorney Burnham reported that the Newport Beach Police Employees Association and the Police Management Association are requesting that the second sentence of Section 3.11.A be eliminated. He indicated that, with this amendment, the two associations support approval of the Manual. Motion by Council Member O'Neil to adopt Resolution No. 2001 -100 approving the Employee Policy Manual, as amended. Volume 54 - Page 622 INDEX Res 2001 -100 Employee Policy Manual (66) The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway • Noes: None Abstain: None Absent: None Volume 54 - Page 622 INDEX Res 2001 -100 Employee Policy Manual (66) • • • City of Newport Beach City Council Minutes December 11, 2001 11. VESSEL TRANSFER AGREEMENT — ORANGE COUNTY COASTKEEPER. Council Member Glover stated that she has asked the City Manager to provide her with more information. Motion by Council Member Glover to continue this issue to the January 8, 2002, Council meeting. In response to Council Member Heffernan's questions, Assistant City Manager Kiff stated that he worked on this with the City Attorney and brought it before Council because he felt the item was ready for consideration. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Glover, Adams, Proctor Noes: Bromberg, Mayor Ridgeway Abstain: None Absent: None In response to Council Member Adams' question about a deadline, Mr. Kiff stated that the Orange County CoastKeeper is in the process of retrofitting the boatyard and has research they would like to begin. L. PUBLIC COMMENTS Jim Hildreth, 120 The Grand Canal, started explaining how his leg was broken in a hit and run accident. City Attorney Burnham clarified that public comments are limited to matters within the subject matter jurisdiction of the City Council. Allan Beek stated that all of the City's registered voters received a Newport Coast annexation questionnaire from him. He indicated that he received 1,543 cards back and that the result was basically even. He stated that he sees a competent, informed, and dedicated Council; however, he is conflicted because the City is holding a visioning process that costs $500,000 to find out what the residents think, but will not spend $4,000 to find out what they think about the annexation. He noted that there are others that have differing views from Council and that Council is treating its residents with a "father knows best" attitude. He believed that this is the same message they got from the Greenlight and Measure G votes, adding that the people want to be asked and treated like adults. Mayor Ridgeway stated that the City cannot legally ask for a vote, even an advisory vote, relative to annexation. City Attorney Burnham confirmed that there is a case that prevents a city from adopting an ordinance requiring a citywide vote on annexation as a determining factor as to whether an annexation proceeds. Further, there is a complex statutory scheme that governs the processing of annexations because it is a matter of Statewide concern. Mayor Ridgeway pointed out that this Council decided not to have an advisory election because Volume 54 - Page 623 INDEX C -3497 Vessel Transfer/ Orange County CoastKeeper (38) • City of Newport Beach City Council Minutes December 11, 2001 INDEX of that case law. He indicated that this was previously explained to Mr. Beek and added that nothing Council has done is incompatible with good judiciary duties and obligations. Mayor Pro Tem Bromberg stated that he disagrees with Mr. Beek's "father knows best" statement. Noting that only 1,500 of the 47,422 registered voters responded to Mr. Beek's mailing, he believed that many of those 1,500 people would probably not go to the ballot boxes to vote on this issue. He expressed the opinion that Council acted appropriately. He noted that residents have always wanted to be kept informed and have a say in what is happening in the City, pointing out that this is what is happening with the Visioning Festival. Council Member Adams stated that the bigger issue is that Council is a representative form of government and that the citizens do not vote on everything that happens because Council is elected to make decisions. He emphasized that everyone on Council was elected with the platform that they supported annexation. Mayor Ridgeway stated that Council is very cooperative and participative, and believed that Council represents the citizens at -large well. He indicated that everyone has access to their Council Member and can get the telephone number from the City Clerk's Office. He believed that this City has one of the most open and participatory Councils in the County. Mayor Ridgeway thanked Mr. Beek for • bringing in the responses, adding that he has always been honest and straightforward. Council Member Heffernan believed that, when the City is going to annex an area that is within its sphere of influence, it tends to be in reverse order. He explained that The Irvine Company first goes to the County to plan Newport Coast, and then the City annexes the area. He indicated that Banning Ranch is being done the same way and that this has also happened at Bonita Village, outside the Port Streets, and Newport Coast. Mayor Ridgeway emphasized that the process is open to the public and citizens have the right to attend those hearings. He added that staff and the City Attorney have seen the Environmental Impact Reports and are allowed to respond to them. Council Member Glover stated that, since she was on the Planning Commission for five years and Council for seven years, her telephone number and address have been in the telephone book. However, when she tries to contact other council members from other areas, she cannot get those numbers. She believed that the City has the most open City Council when it comes to published phone numbers and indicated that other council members are surprised to find out that people call her house or visit her home. Mayor Ridgeway stated that Council is very accessible and that the . process works great. He emphasized that the tension created by the respectful differences of opinion are appreciated by this Council as it helps the debate and dialogue that occurs between citizens and Council. Volume 54 - Page 624 City of Newport Beach City Council Minutes December 11, 2001 • • Gay Wassall - Kelly, 409 E. Edgewater, President of the Balboa Merchant Owners Association (BMOA), reported that their website was launched today (balboanewportbeach.com) which includes a history of Balboa, merchants listing, maps, temperature, special events, and contacts. Mayor Ridgeway confirmed for Council Member Adams that there is a link to this website from the City's webpage. Ms. Wassall -Kelly announced that the BMOA will be having a party aboard the Catalina Flyer on Thursday, December 13. She stated that the event is $30, the Tale of the Whale will be serving a buffet dinner, and people can call 673 -3014 for tickets. Ms. Wassall -Kelly reported that the revitalization and beautification is occurring in this area and noted that there are parking problems. She requested that the pier parking lot be open Monday to Thursday for free. Mayor Ridgeway announced that the Palm Street parking lot is being opened for free to two hour parking. She also requested that the meters be bagged on Bay Avenue. Public Works Director Badum reported that Item No. 20 proposes to remove all the meters in the public streets and parking lots during the improvements. Mayor Ridgeway added that parking stalls will be created on Main Street, between the parking lot and Balboa Boulevard. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES • Council Member Heffernan announced that he is the Chair of the Telecommunications Committee which deals with the extension of the two cable company franchise agreements. He indicated that there was a problem with the provider of ®Home, but announced that they are back online and have worked out Excite's bankruptcy problems. He believed this will not stand in the way of the agenda item tonight. • Mayor Pro Tem Bromberg announced that he is the Chair of the Council Redistricting Committee and that Council discussed this issue during today's Study Session. He stated that this will be on the agenda for the January 8, 2002, Council meeting. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 21. PLANNING COMMISSION AGENDA FOR DECEMBER 6, 2001. Assistant City Manager Wood stated that the Planning Commission's first item dealt with the Cannery Lofts and involves a subdivision, site plan review, use permit, and possibly an encroachment permit. She reported that this was the first of two public hearings that they will hold on the project. She stated that they received an excellent computerized presentation from the applicant that helped the Commission and the public understand the project. She indicated that the Commission took testimony, asked questions, and requested • additional information along with responses to comments on the environmental document for their January 17, 2002, meeting. Volume 54 - Page 625 INDEX Planning (68) City of Newport Beach City Council Minutes December 11, 2001 • Ms. Wood reported that Item 2 (1811 Quail Street) was recommended for approval and will be on Council's agenda on January 8, 2002. Regarding Item 3 (Manufactured Housing Code Amendment Hearing), she stated that this will give the City additional authority to regulate the appearance of manufactured homes. She indicated that the Commission recommended approval and reported that this will be on Council's agenda on January 8, 2002. Regarding Item 3, Ms. Wood reported that Council approved the initiation of a General Plan Amendment earlier this evening related to the John Wayne Airport Settlement Agreement. Ms. Wood indicated that the Commission also considered a few minor findings of conformance with earlier approvals and some appeals from staff matters. Council Member Heffernan announced that he has a conflict of interest since he represented the Cannery Lofts applicant on the purchase of the property. City Attorney Burnham indicated that Council Member Heffernan can be in the room during discussions, but cannot participate in the decision. Motion by Mayor Pro Tern Bromberg to receive and file the written report. isThe motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway Noes: None Abstain: None Absent: None O. PUBLIC HEARINGS O'Neil, Bromberg, Glover, Adams, Proctor, Mayor 22. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2002 FISCAL YEAR. Senior Planner Berger reported that this would be the seventh year that the Marine Avenue Business Improvement District (BID) has been renewed. He noted that the staff report highlights the numerous accomplishments the BID has made over the year and that they are proposing similar marketing, advertising, public relations, and maintenance activities for 2002. He announced that no protests have been received at this time. Mayor Ridgeway opened the public hearing. • Kathy Wales, 337%2 E. Bayfront, President of the Marine Avenue BID, thanked Council on behalf of the Marine Avenue business owners. She reported that the funding helps them advertise, and become members of the Chamber of Commerce and Anaheim's Visitors Bureau. Further, Volume 54 - Page 626 INDEX Res 2001 -101 Marine Avenue Business Improvement District (27) City of Newport Beach City Council Minutes December 11, 2001 INDEX • it assists in printing brochures that go into 400 hotels as an outreach program to encourage people to visit Balboa Island. She stated that the BID also conducts regular sidewalk cleanings. She reported that they have an annual parade with the help of the Chamber, Balboa Island Improvement Association, Little Balboa Island Association, and the Business Association. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Motion by Mayor Pro Tem Bromber¢ to adopt Resolution of Confirmation No. 2001 -101 to renew the BID for the 2002 Fiscal Year since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 23. NEWPORT BEACH RESTAURANT BUSINESS IMPROVEMENT Res 2001 -102 DISTRICT ANNUAL RENEWAL FOR 2002 FISCAL YEAR. Restaurant • Business Senior Planner Trimble stated that the staff report highlights the Improvement Restaurant Business Improvement District's (BID) long list of District accomplishments. He emphasized that restaurants are a key industry (27) to the City and that the President of the BID appreciates the City's support. He announced that no protests have been received. Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member O'Neil to adopt Resolution No. 2001 -102 confirming the Newport Beach Restaurant Business Improvement District for the 2002 Fiscal Year since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 24, PUBLIC HEARING - REVOCATION OF MOORING PERMIT. Mooring Permit (51) Harbor Resources Division Director Melum reviewed the staff report and utilized a PowerPoint presentation and handouts to show the inoperable vessels in Moorings A -275, J -82, and K -18. He reported that Volume 54 - Page 627 City of Newport Beach City Council Minutes December 11, 2001 • the City contracts with the Orange County Sheriffs Harbor Patrol to conduct mooring administration. He indicated that, since the cost of offshore moorings is less than slip fees in Newport Harbor, the City has acquired a colorful fleet of boats that have undergone poor maintenance, sunk, or discharged chemicals into the harbor. Mr. Melum reported that Council revised the mooring ordinance to require, at a minimum, that offshore mooring vessels demonstrate that they are operable and seaworthy. He indicated that the Harbor Patrol identifies boats that appear to be inoperable or unseaworthy, notifies the vessel owner that an inspection is needed, and the owner must commence repairs within 30 days after the inspection and must complete the repairs in 90 days. He pointed out that the Municipal Code allows for the revocation of the mooring, removal of the vessel, and a reassignment of the mooring to another permittee if the owner does not allow the inspection or complete the repairs. Mr. Melum reported that, since 1999, over 150 vessels have been cleaned up and 25 to 30 vessels have been removed. He stated that 66 boats were identified this year as potentially being unseaworthy or inoperable. He stated that the Harbor Patrol sent out two notices indicating that the vessel had been identified as being unseaworthy or inoperable, and they needed to conduct an inspection. Since they received no response 60 days after the notice was sent, he stated that . the Harbor Patrol referred the item to the City for revocation. He reported that the letters are in the individual mooring files, were sent first class, and added that it is their assumption that the mooring owners received the letters since they were not returned to the City. Mr. Melum reported that, on November 11, the City sent three mooring owners letters that the revocation proceedings were moving forward. He indicated that it is their assumption that they also received these letters since they were not returned. Mayor Ridgeway noted that Council received a copy of an email from the K -18 mooring owner. Mr. Melum indicated that he also received a copy. He stated that the Harbor Patrol files indicate that the owner was sent at least two letters to his billing address that were not returned. Further, an additional letter was sent informing him of the meeting. He stated that their assumption was that he was not showing a willingness to comply since he has not responded to the notices. Mr. Melum reported that neither the Harbor Patrol nor the Harbor Resources Division have inspected the inside of the vessels. He read the Harbor Patrol's field notes relative to K -18 which states that the vessel has heavy bottom growth, no boom, excessive bird droppings, and no engine. He stated that this triggered the need for a follow -up inspection, noting that they still have not heard from the boat owner. He added that the field notes for J -82 states that the vessel had no sail, no motor, and heavy bottom growth. The field notes for A -275 states • that the vessel was unseaworthy, an eye sore, and there was evidence of long term disuse. He stated that he spoke to the vessel owner who indicated that the vessel is inoperable and has been for some time. Volume 54 - Page 628 INDEX City of Newport Beach City Council Minutes December 11, 2001 INDEX • Mr. Melum reported that Council's options, per the Municipal Code, are to revoke the mooring, conditionally revoke the mooring, or refuse to revoke the mooring. He believed that, due to the lack of response, the moorings should be revoked. He reported that the mooring permittee would have 30 days to remove the boat from the harbor or the City will impound the boat which may be sold after a certain amount of time. He indicated that the mooring will then be reassigned. Regarding K -18, Assistant City Manager Kiff recommended that Council authorize the revocation after 30 days since the owner feels he can be in compliance in a few days. He noted that the mooring will be revoked after 30 days if he does not comply and that this will not need to come back to Council for action. Mr. Melum explained that the vessel owner has to demonstrate that the boat is operable and seaworthy, which requires him to get the vessel to the Harbor Patrol for an inspection under its own power. Mr. Kiff noted that the mooring owner is present tonight. Mayor Ridgeway opened the public hearing. John A. Brelin stated that he is the ownerloperator of Anchor Mooring Company and the owner of the vessel in Mooring A -275. He indicated that he has always responded to notices from the City or the Sheriffs Department and showed his file. He noted that the letter regarding A- • 275 was written November 16, but postmarked November 21. He stated that, because of an ongoing problem with another mooring, he assumed the letter pertained to the other mooring since Mooring A -275 was not specified. He indicated that Mr. Melum called him on December 5 to inform him that the problem was with the vessel in A- 275. He stated that he understands that the mooring can be confiscated if he does not comply with the regulations. He reported that the vessel was built in 1960 and has five fuel tanks that are connected through the bilge by copper tubing. He indicated that the copper tubing broke and about 800 gallons of diesel fuel went into the bilge. He noted that the vessel does not look like the picture that is being shown as it has been completely repainted. He reported that, in order for the vessel to be operable, all the diesel fuel and salt water would need to be removed, adding that he has no idea what is involved in doing this but believed it would be a considerable expense. He pointed out that his only source of income is the Anchor Mooring Company which only supplies him with the basics for living. He stated that he has never had a problem like this before, has been gainfully employed, does not have a criminal record, and is a good citizen. He hoped that he can have enough time to correct the problem. He asked what he is supposed to do with the vessel if he loses the mooring. In response to Council questions, Mr. Brelin indicated that the vessel has not been out of the water, has not had bottom cleaning for over a • year, has a single diesel engine, and is 52 feet long. He reported that none of the fuel escaped from the vessel. He stated that, if he had the money to make the boat operable, it could take a week; however, for him to do it himself, it would take months. He indicated that he had planned to retire on the boat, there is now a net over the entire vessel Volume 54 - Page 629 City of Newport Beach City Council Minutes December 11, 2001 • to protect it from bird droppings, the engine has not been fired up in more than a year, there is an air start on the diesel engine, and the boat has not left the mooring in about ten years. He stated that, if this had not come up before Council, he intended to make the vessel operable and livable when he retired. Mr. Brelin submitted photos that showed some of the repairs he had made to the vessel. Mr. Kiff reiterated that he recommends a 30 day timeframe to revoke the moorings, contingent upon the Sheriffs Department confirming that the vessels are operable. Dennis McNett, 942 3rd Street, Hermosa Beach, stated that he is the owner of K -18. He indicated that he did not know about the letters as he has been separated from his family for almost a year and proceeded to read an email he sent to his sons. He stated that the vessel is a fiberglass boat, uses an outboard motor, and has a sail under the cover. He believed that he can conform within 30 days. He noted that he has had the vessel and mooring for over 30 years and that this is the first time he has been cited. He reported that he was notified of the problem at 10:40 p.m. last night and that he cannot afford the boat without the mooring. He indicated that the boat was last used 1%: to 2 years ago, explaining that his mother has Alzheimer's and that he has been taking care of her until recently. • Jim Hildreth, 120 The Grand Canal, stated that he is surprised this is being done during the wintertime and suggested trying to remedy this during the summer. He suggested assisting these people if they are destitute, contacting a boat owners association, or having people donate money to assist them. He believed they should not be punished for wanting to have a boat while having problems that are out of their control. Mayor Ridgeway clarified that the gentlemen did not say they were destitute. Karter Ford, 1 Encore Court, stated that he just learned about the proposed action to K -18 and called Mr. McNett's sons to inform them of the situation. He reported that he was on the boat for five hours today and had a diver under the boat. He stated that the hull is structurally sound, the diver took off all the bottom growth, and he removed the bird droppings. He indicated that the boat is operational and that he requested an inspection today but the Sheriffs Department was not available. He requested more time in order to get the inspection. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Motion by Mayor Pro Tern Bromber¢ to revoke Mooring Permit J- 82; give Mooring Permit A -275 an extension for 60 days in order to prove that the vessel is seaworthy and operational; and give Mooring • Permit K -18 an extension for 30 days in order to prove that the vessel is seaworthy and operable. Council Member Proctor noted that the County has dealt with this issue relative to airplanes and tie -downs since the 1970s, and that the Volume 54 - Page 630 INDEX • • • City of Newport Beach City Council Minutes December 11, 2001 rule is that a plane cannot sit at the airport for 30 days. He stated that having a boat that has not been off the mooring for ten years is unconscionable. He believed that the City needs the same type of enforcement as there is for planes and that a Harbor Commission should do the enforcing. Mr. Kiff indicated that Mr. Ford can speak on behalf of Mooring Permit J -82 and believed that the boat can also be brought into compliance within 30 days. Mayor Ridgeway noted that the public hearing is closed and that the vessels are considered derelict boats. Council Member Adams believed that Council is being more than lenient, especially when considering the waiting list for the moorings. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None Mayor Ridgeway recessed the meeting at 9:45 p.m. and reconvened the meeting at 9:55 p.m. 25. CARMELO'S RISTORANTE — USE PERMIT NO. 1908 AMENDED — 3520 EAST COAST HIGHWAY (contd. from 11/27/01). Assistant City Manager Wood reported that the appellant, Gary Martin, has been complaining for years to City staff and some Council Members about the noise from Carmelo's Ristorante. She indicated that Mr. Martin lives across Coast Highway from the restaurant and is not blocked by any other building. She stated that staff has investigated his complaints and has not found any noise violations. However, due to the number of complaints, staff brought the item to the Planning Commission to determine if they should set this matter for a hearing. Ms. Wood reported that the Commission did not find sufficient evidence that there are noise impacts that would constitute a detrimental affect on the neighborhood and cause the Commission to change the conditions. She indicated that one Commissioner was absent that evening, which resulted in a 3 -3 vote. The motion failed and Mr. Martin appealed to Council. She clarified that tonight is not a hearing to consider whether Council wants to make any changes to the use permit or to consider revoking it. She stated that tonight's hearing is to decide whether there is sufficient evidence to set this matter for a hearing before Council or the Commission. City Attorney Burnham explained that the evidence Council should consider tonight are the materials presented to the Commission and testimony tonight. He added that there should not be any testimony about what has happened since the date of the Commission hearing. He stated that his understanding of the 3 -3 vote was that the evidence was insufficient to sustain a finding that there was any adverse impact or basis for amending the use permit. He pointed out that, based on the failure of Volume 54 - Page 631 INDEX UP 1908/ Carmelo's Ristorante (88) • City of Newport Beach City Council Minutes December 11, 2001 INDEX the vote, the Commission made a finding that there was no basis to initiate revocation of the use permit. Mayor Ridgeway opened the public hearing. Gary Martin, 323 Narcissus, Appellant, stated that Carmelo's Ristorante was only allowed to play classical music and was required to close at 11:00 p.m. when he first moved to the City. However, in 1990, they asked to have a four -piece band and close at 12:30 a.m. during the week and 1:30 a.m. on the weekends. He indicated that he attended that meeting and complained that Carmelo's was getting loud and playing music before they got the permit. He stated that the request was approved since there were no Police reports on file. He noted that he was told that Carmelo's would receive its permit on a six month trial basis but he needed to keep a record by calling the Police Department if problems occur. He stated that Carmelo's was good for the six months, but after that, the band started playing outside and the doors and windows were kept open. Mr. Martin indicated that an officer told him that Carmelo's was fined $2,500 for different noise violations. He reported that residents face other problems besides the band, including fights and drunks that stumble and urinate in the neighborhoods. He stated that Code Enforcement Supervisor Sinasek conducted a decibel reading at Carmelo's between 10:00 p.m. and midnight, and came up with 50 dB; however, the problem occurs between midnight and 2:30 • a.m. He believed that this test needs to be redone during those hours. Further, he stated that Mr. Sinasek was comparing Carmelo's with the Bandera Restaurant, but they close at 10:00 p.m. and don't have a band. He indicated that he got copies of the police reports for the restaurants in the area and reported that Carmelo's received 200 reports, of which, 114 were for noise complaints; Bandera had five reports; Five Crowns had four reports; and Quiet Woman had 21 reports. Mr. Martin indicated that the biggest problem is that Carmelo's does not close at their required time. He noted that their band played until 1:00 a.m. after the Commission meeting and only quieted down after he called the Police. He reported that he got 26 petitions from his neighbors and used a map to show where the residents were located in relation to Carmelo's. He expressed hope that Council will help find a solution. He indicated that the drums are a problem and that a decibel test should be conducted. Further, sound comes out when their door is opened, noting that New York uses a double door system. He believed that pushing the hours back would be the best thing for the community. In response to Mayor Pro Tem Bromberg's questions, Mr. Martin stated that he has lived in his house for about 14 years. He indicated that he made about 19 Police calls in 1999, 13 in 2000, and 20 in 2001. • Ms. Wood announced that Captain Newman is present to talk about the Police records. Regarding Mr. Sinasek's report, she pointed out that the staff report (handwritten pages 31 to 34) includes reports from both of the Code Enforcement Officers who have visited the site. Volume 54 - Page 632 City of Newport Beach City Council Minutes December 11, 2001 • Walt Naidus, 418'/1 Narcissus, stated that he has the Police records and requested that they be made a part of the record. He indicated that Council must balance the rights of residential owners and occupants versus the interest of the commercial user. He noted that 114 calls needed a Police response, believing that these do not include fights, rapes, assaults with deadly weapons, or grand thefts. He stated that the common thread in all the reports is that the violations and disturbances occurred between 11:00 p.m. and 2:00 a.m. and necessitated a Police response which led to arrests. He indicated that the reports contained repeated disturbances of the peace and continued public nuisances by Carmelo's. He pointed out that he felt that all the complaints that have been made by the neighbors directly adjacent to Carmelo's. He stated there have been random urine deposits on the streets and walkways, and broken bottles on public and private property. Mr. Naidus believed that, as much as Carmelo's may deny that its commercial activity constitutes a nuisance or disturbance, those complaining are victims of unwanted late night noise and sleep disturbance. He expressed the opinion that the only remedy is for Council to limit the business activity. He stated that it is well recognized that government can and does limit the use of public and private property to protect the citizens from unreasonable noise, pointing out that construction must cease by 7:00 p.m., the last flight out of John Wayne Airport is 10:00 p.m., the beach is closed at 10:00 p.m., the Vehicle Code restricts vehicle noise, and the Code • prohibits loud, unreasonable noise (Section 10.28.005). Mr. Naidus expressed the opinion that the noise and related activities have caused property values to decrease. He believed that Council should take action in order to avoid any exposure to the City. He stated that the right of one property owner should not dominate over the right of several others who are injured by offensive and unlawful activities, especially since the owner of Carmelo's is not a residential owner or a resident of the City. He requested that Carmelo's business and restaurant receipts be produced so a correlation can be made between the hours of the noise complaints and the profits and income made from the sale of food and drinks. He believed that, if the income was slight during those three hours, restricting their license would not pose a burden; however, if the income is great, he stated that profits cannot be placed above the interests of the residents. He stated that Carmelo's should not be allowed to conduct business after 11:00 p.m. any night of the week and it is the City's responsibility to cancel or restrict the permit in order to protect the residents. In response to Council Member Adams' question, Mr. Naidus reported that he made one Police call on October 19, 2001, which was the day after the Planning Commission meeting. Teri Winton, 322 Marigold, stated that she has been awakened countless times by Carmelo's during the late hours. She indicated that . she called the restaurant several times, but nothing happened after they answered the phone. She stated that this leads her to call the Police Department. She expressed hope that Council moves back their hours of operation since they are still open when all the other restaurants in the area are closed. She stated that the restaurant is too Volume 54 - Page 633 INDEX City of Newport Beach City Council Minutes December 11, 2001 is loud and the area is filthy in the morning. She asked, if the hours are cutback, what guarantees the neighbors have that the owner of Carmelo's will comply with the new rules because she has been out of compliance for years. She indicated that even if she was fined $2,500, by staying open a couple of illegal hours every night, she can make more than that in alcohol sales. Marcia Chalmers, 415 Narcissus, stated that her front door is about 75 yards from Carmelo's and that she has never heard their music. She believed that, when you live close to Coast Highway, you will have noise and distractions anyway. She noted that Carmelo's parking lot is across the street from her and that she is in the back of CoCo's. She added that she walked to Mr. Martin's house and still could not hear the music. She expressed her support of Carmelo's and added that she does not have a problem with their patrons. Dr. Hans Linhardt stated that he is a professional engineer and has a PhD in engineering. He noted that the restaurants in the City are outstanding and that people should support the unique restaurants, like Carmelo's, because the other good restaurants closed down. He stated that the originator of Carmelo's devoted his time to keep the restaurant going through the 1980s. He emphasized that Carmelo's is a romantic, elegant restaurant and has some of the best genuine Italian food around. He indicated that he learned from the owner that people • were complaining that the restaurant was noisy. Dr. Linhardt stated that he knows what noise is and that the Council meeting is about 65 dB to 70 dB, while the outside of the restaurant is only 50 dB. He reported that this meets any Environmental Protection Agency (EPA) requirement. He reported that the decibel reading is not 50 dB, but 30 dB, for someone that is 350 feet away. He believed that the person complaining is just one person over the last nine years. Margaret M. Butt, Laguna Beach, stated that she used to live on Narcissus. She indicated that she is not against Carmelo's, but is against noise pollution and wants peace and tranquility. She reported that she has gotten out of bed at 11:00 p.m. to ask Carmelo's to close their doors and be respectful of the neighbors. She believed that, if Council adopted more stringent noise laws, this would be a better world. Ann Narse, 505 Orchid, stated that after Bandera Restaurant and the Quiet Woman closes, people go to Carmelo's. She indicated that you can hear the noise late at night. Further, people are drunk and she has witnessed several hit and runs. She stated that the issue is not just that Carmelo's needs to close at 1:30 a.m. or 2:00 a.m., but believed that they need stricter guidelines. Laura Dietz stated that she has a mailbox across the street from • Carmelo's. She indicated that she has picked up mail after midnight and noticed on a couple of occasions an enormous amount of noise emanating from the restaurant. She expressed hope that Carmelo's realizes that they are part of a community. Volume 54 - Page 634 INDEX City of Newport Beach City Council Minutes December 11, 2001 • Captain Tim Newman, Newport Beach Police Department, reported that he pulled the Police data for 1998 -2001. He indicated that there were four noise related disturbance calls for Bandera Restaurant, six for Five Crowns, nine for Quiet Woman, and 99 for Carmelo's. He stated that 75 of the Carmelo's calls were made by Mr. Martin, 11 were from callers who identified themselves with a different name, and 14 were anonymous calls. He stated that he did not compare these calls with other restaurants throughout the City who have late hours. He indicated that, in his experience, the later the hour, the more likely they will receive noise complaints. He pointed out that this particularly happens where there are residents in close proximity to this type of business. Captain Newman reported that there have been a wide variety of calls, but the calls have mostly been for loud music from the businesses or cars behind the businesses, or from patrons talking loudly. Judie Manto, 3520 E. Coast Highway, owner of Carmelo's, stated that they have been in business for about 22 years. She noted that there are 100,000 unemployed individuals in California right now and believed that Mr. Martin would like to add more to that number. She stated that she wants to comply with the rules, especially after it has been brought to her attention. She reported that the complaints brought before the Commission have been attended to; her business has increased over the years; and the President has even asked that people • go out and have a good time. Ms. Manto noted that Mr. Martin's calls started nine years ago in which he would call, swear, and then hang up. She stated that she has repeatedly asked him to see what they were about and even went to his house to test the decibels. She emphasized that she wants to keep the jobs for those who work with her since most have been with her for close to 20 years. Ms. Manto reported that she and her daughter had to make a decision after her husband passed away whether to sell or keep the business, but decided that the right thing to do was to keep the restaurant and work hard. She indicated that she is not sure if it bothers people in the community because they are Italian or because she is a woman, but believed that they are singled -out. In response to Council questions, Ms. Manto stated that they follow their closing hours and encouraged the City to post someone at her restaurant to verify this. She reported that she is not always there until closing, but is there three nights a week. She added that the manager has been with them for 17 years and is there until closing, along with her son -in -law or daughter. She indicated that she has come back to the restaurant at night to check that it is closed when it is supposed to be. She emphasized that she is a hands -on owner and that there probably are not too many in the City. Further, she stated that Carmelo's is unique and something that Corona del Mar can be proud of. She indicated that they would be welcomed in San Francisco and • New York. She pointed out that the bad behavior comes from many areas and that she does not know where people wander to once they leave her establishment. Further, she is not responsible for everyone on the street. Ms. Manto reported that they have valet parking and Volume 54 - Page 635 INDEX City of Newport Beach City Council Minutes December 11, 2001 • have hired three security guards from 9:30 p.m. to closing. She added that they do not have bands on Sundays and have even posted signs that say `Be Courteous to Our Neighbors". She stated that she would be as appalled as anyone if she found out that people were urinating in others' yards. In response to Council Member Adams's question, Ms. Wood reported that the closing time is the time that the establishment actually closes and everyone leaves. She noted that, in the recent use permits, they have had a condition of approval that limits when the last drink may be served and stipulates an actual closing time. Ms. Wood reported that the Code Enforcement Officer was not at the establishment after midnight. She clarified that two of the three reports were done at her direction on Thursday nights between 10:00 p.m. and midnight because Mr. Martin had complained that the music had been bothersome at about 11:00 p.m. on Thursday nights. She stated that the City can ask Mr. Sinasek to go out at 1:00 a.m., if desired. Thomas Edwards stated that he represents Carmelo's. He pointed out that the establishment is a restaurant with entertainment pursuant to its live entertainment permit. He reported that older people, not just a young crowd, frequent Carmelo's. He stated that he appreciates all the • neighbors' comments; however, having visited the establishment when they were not expecting him, he reported that he has seen their security at work. He pointed out that they are required to have 33 valet parking spaces and noted that they have access to another parking lot, but it is also used by other area establishments. He indicated that he cannot categorically promise that it is not Carmelo's patrons that make the noise or urinate in public, but he can reasonably assure Council that this is not the case. Mr. Edwards pointed out that the area has other restaurants and that they cannot control everything that happens. He added that, in 1999, Carmelo's was cited because they left the double -hung French doors open; however, that has been remedied and no violations have been issued since then. He stated that, after the Commission meeting, Carmelo's even changed the time they put out the trash because people were scavenging through it. He emphasized that they have been responsive and that Ms. Manto has attempted more than once to sit down with Mr. Martin. Further, she has been to his house with a noise monitor. Mr. Edwards noted that Mr. Martin lives across Coast Highway and Narcissus, and is in the back of the Christopher Hair Salon parking lot. He added that he finds it difficult to believe that the noise travels that distance. He reported that he has seen the last call on a weekend night at 1:20 a.m., and noted that they are out of there at 1:30 a.m. He assured Council that the applicant is in full compliance of the use permit and is not presently in violation of any existing ordinance. He noted that the majority of the complaints are coming from one individual. • Mr. Martin asked that Captain Newman check the Police reports to see that a lot of the reports occur after closing hours. Volume 54 - Page 636 INDEX • City of Newport Beach City Council Minutes December 11, 2001 INDEX Hearing no further testimony, Mayor Ridgeway closed the public hearing. Council Member O'Neil stated that Carmelo's is in his district and that, when the Commission heard the matter and voted not to call up the use permit, Mr. Martin called him. He added that Mr. Martin and Mr. Naidus have called him on a number of occasions regarding the noise problems at Carmelo's. He believed that the gentlemen are sincere about their noise concerns and that Mr. Martin called the Police on many occasions because he thought that would be the best way to make a record of his concerns. He reported that he reviewed the staff reports submitted to the Planning Commission, interviewed some of the Commissioners and staff, learned about the noise measurements that were made by the Code Enforcement Officer, visited the premises, and talked to the operator and her attorney. He indicated that he informed Mr. Martin that he would not call this matter up because he did not feel there was sufficient evidence to have this heard further. Council Member O'Neil believed that, by having this issue presented to the Commission and Council, they have the attention of Ms. Manto. He stated that he feels Ms. Manto will continue to operate her business in a manner that is not intrusive to the surrounding community. He noted that there is always some type of problem when these types of uses are next to residential areas. He stated that the owner needs to continue to make every reasonable step to make sure the noise is kept • to an appropriate level, they close at the right time, the doors are not left open, and they are as mindful of the surrounding community as possible. Motion by Council Member O'Neil to uphold the decision of the Planning Commission not to review Use Permit 1908 (Amended). Council Member Glover noted that she owned a small business for eight years in Laguna Beach prior to serving on Council. She stated to Ms. Manto that it is hard being a woman and running a business, and encouraged her to continue. Council Member Proctor stated that he read everything that happened at the Commission meeting and indicated that he was impressed with Mr. Edwards' 11 bullets that he presented to them. He commended Ms. Manto for all the efforts she has made to be neighborhood - friendly. Mayor Pro Tern Bromberg stated that Council has to weigh all the testimony that is presented to them and agreed with Council Member O'Neil that whenever you have a business with music close to a residential area, there is going to be problems. However, he noted that some residents have complaints with the businesses while others do not. He indicated that, from the evidence tonight, he does not see anything which suggests that any of the conduct outside of Carmelo's emanates from Carmelo's. He pointed out that complaints about urinating in public generally happen in alleys and parking lots, but noted that they have valet parking. Volume 54 - Page 637 City of Newport Beach City Council Minutes December 11, 2001 • • 0 Lq- 0 Mayor Ridgeway stated that he was on the Planning Commission for six years and that the adjacencies of residential and commercial uses has always been a problem in the City. He indicated that he talked with a gentleman who owns several properties near Carmelo's whose tenants have told him that there are problems. He believed that, on occasion there has been, but stated that he does not feel that this is the practice. He pointed out that Mr. Martin chose to live adjacent to a highly commercialized area. Mayor Ridgeway stated that he will be visiting Carmelo's on a weekend night and asked each of the Council Members to do the same. He reported that this side of the bay is vigilantly patrolled by the Police Department, especially in the restaurant areas. He stated that it is unfair to blame Carmelo's for what happens along the sidewalk, but noted that it does happen. He reported that the City has an alcoholic beverage control ordinance that deals with these issues. Council Member Heffernan stated that he discussed this in detail with Planning Commission Chairman Tucker who could not find a basis to have a hearing. He indicated that he agrees with Chairman Tucker and with Council's conclusions tonight. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None CURRENT BUSINESS 26. GRAND CANAL SHORE MOORING RELOCATION. 27. CONSIDERATION OF DRAFT LETTER TO DICK RIORDAN REGARDING EL TORO. Motion by Council Member Glover to continue Item Nos. 26 and 27 to the January 8, 2002, Council meeting. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None CONTINUED BUSINESS 28. NEW REGULATIONS ON STORMWATER AND URBAN RUNOFF: PROPOSED 5 -YEAR MUNICIPAL PERMIT; CITY S LETTER. Volume 54 - Page 638 IIZIUs►:1 Shore Mooring (51) El Toro/ Dick Riordan (54) Stormwater and Urban Runoff Regulations (51) City of Newport Beach City Council Minutes December 11, 2001 • Bob Caustin, Defend the Bay, stated that he has worked with staff on revisions to the letter and hoped that Council finds it acceptable. He reported that the Regional Board will be discussing this on December 19 and noted that this will greatly affect Newport Bay as well as the beaches. Assistant City Manager Kiff stated that the recommended action is to approve a letter to the Regional Board based on what occurred at the last two meetings. He reported that there have been a couple of changes to the letter that have been included in the staff report. Regarding the economic affects of urban runoff, he indicated that he is trying to convey that the City does rely on clean beaches to maintain its tourist base, property values, and quality of life. He stated that, although there are costs associated with complying with the permit, there are greater costs to the City and County. Mr. Kiff reported that the amended letter also includes a paragraph that talks about the City being a community of ocean and bay users, and that runoff and wastewater into the waters is of such significant health concern that area doctors advise immunizations that are associated with undeveloped countries. Regarding page 2, third paragraph, he pointed out that the City is not taking a position on commercial wash downs, but he amended the letter to state that a person could do a commercial discharge if they did all the best management practices (BMPs) associated with that action. • Mr. Caustin expressed hope that Council supports the changes. He stated that he looks forward to having this presented to the Board and read into record. Motion by Council Member Glover to authorize the Mayor to issue a letter, as amended, to the California Regional Water Quality Control Board, Santa Ana Region, regarding its Order No. 01 -20 (5 -Year Municipal NPDES Permit for Stormwater Runoff). Council Member Glover noted that she will be requesting that Council help the small businesses relative to cleanup if it becomes a problem. Mayor Pro Tern Bromberg emphasized that coastal cities need to take the lead on this because it will send the wrong message if they do not support it. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None • 29. MARINER'S LIBRARY JOINT USE CONCEPTUAL PLAN DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC. Volume 54 - Page 639 INDEX C- 3496 -A BA -025 Mariners Library (38/40/50) • • L City of Newport Beach City Council Minutes December 11, 2001 Mayor Ridgeway commended Public Works Director Badum on the staff report. Council Member Glover noted that Council discussed this during a study session and is committed to the project. Motion by Council Member Glover to 1) approve a Professional Services Agreement with Thirtieth Street Architects, Inc. (TSA) of Newport Beach, for Architectural Design Services of Mariner's Library at a contract price of $94,700 and authorize the Mayor and the City Clerk to execute the agreement; 2) establish an amount of $9,300 to cover the cost of unforeseen work; and 3) approve a budget amendment (BA -025) appropriating $104,000 from the unappropriated balance of General Fund Reserves to Account No. 7011- C5100661. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None S30. APPOINTMENTS TO THE NEWPORT COAST ADVISORY COMMITTEE. Mayor Ridgeway nominated Jim McGee, Gerry Ross, Daniel Wampole, Al Willinger, Council Member Heffernan, Jack Butefish, Don Phelps, and Phil Greer (alternate). Following discussion, motion by Council Member Proctor to continue this issue to the January 8, 2002, Council meeting. In response to Council Member Heffernan's question, Assistant City Manager Kiff stated that a meeting has been planned for December 18, but they can continue to meet as the advisory group until the Committee members are formally appointed. Philip Bettencourt, 110 Newport Center Drive, reported that he is the elected president of the largest community association (1,500 members) in Newport Coast. He expressed hope that, in light of his public service and credentials, Council considers him for the Committee. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None R. MOTION FOR RECONSIDERATION - None. S. ADJOURNMENT - 11:15 p.m. Volume 54 - Page 640 LtNo0W./ Newport Coast Advisory Committee (24) City of Newport Beach City Council Minutes December 11, 2001 • The agenda for the Regular Meeting was posted on December 5, 2001, at 3:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on December 7, 2001, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. rr ,j•' City Clerk is Av j. (6rPrM -j Recording Secretary Mayor Volume 54 - Page 641 INDEX