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HomeMy WebLinkAbout03/26/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 26, 2002 - 7:18 p.m. — 5:10 p.m. CLOSED SESSION — 6:10 p.m. INDEX A. RECESSED AND RECONVENED AT 7:18 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Absent: Proctor C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member O'Neil. E. INVOCATION — Reverend Dr. Dennis Short, Harbor Christian Church of Newport Beach, and Vice President of the Newport -Mesa- Irvine Interfaith Council. F. PRESENTATIONS General Plan Update Neighborhood Workshops Announcement. Mayor Ridgeway announced that a series of neighborhood workshops would be taking place through April 11, 2002, or possibly longer. He stated that the workshops are part of the City's continuing effort to reach and record information about what the citizens want in the City's General Plan, which is a blueprint of the City's direction for the next twenty years. Mayor Ridgeway announced that additional information could be obtained by accessing www.nbvision2025.com or by calling 949 - 644.3238. Crash Boat Video Presentation by Kathy Leek. Kathy Leek, Director of Public Relations for Adventures at Sea, stated that one of the yachts in Adventures at Sea's fleet, the Dream Maker, served as a patrol rescue boat, also known as a crash boat, in World War II. She stated that her video shows a segment of the documentary, which gives a glimpse of the crash boat's wartime service and the heroes who served to secure the country's freedoms. Ms. Leek announced that the documentary would be presented as a part of the Newport Beach Film Festival on April 17, 2002, at the Lido Theatre at 11:30 a.m. She acknowledged the individuals and businesses who helped with the making of the documentary. Ms. Leek showed her seven - minute video. Mayor Ridgeway thanked her for showing the video and providing a moment Volume 55 - Page 72 City of Newport Beach City Council Minutes March 26, 2002 reverence and culture. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Heffernan requested that the City Attorney provide an opinion on the signs that have been posted in accordance with Municipal Code Section 12.57.020, Skateboarding Restrictions, which was revised by Resolution No. 2002 -13 on January 22, 2002. Council Member Heffernan stated that the signs show the silhouette of a skateboarder covered by a slash. He stated that the wrong message is being sent and he also questioned the location of the signs. Council Member Heffernan stated that the Ad Hoc Telecommunications Committee recently heard a presentation by AT &T Cellular regarding their new third generation phones and their need for cell sites. Council Member Heffernan stated that it provides the City an opportunity to be a landlord for the sites. He noted that it would be a revenue source for the City and would provide better service for the City's residents. He requested that this item be agendized for an upcoming Study Session to discuss the issue. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. STREET SWEEPING ON DANA ROAD BETWEEN SUPERIOR AVENUE AND FLAGSHIP ROAD. 1) Adopt Resolution No. 2002.23 establishing NO PARKING restrictions for street sweeping from 8:30 a.m. to 12:30 p.m. on Tuesdays and Fridays on Dana Road between Superior Avenue and Flagship Road; and 2) rescind Resolution No. 99 -20. 4. Item removed from the Consent Calendar by a member of the audience. CONTRACTS AND AGREEMENTS 5. BAYSIDE DRIVE - MARINE AVENUE PRESSURE RELEASE VALVE (PRV) RELOCATION (C -3418) - COMPLETION AND Volume 55 - Page 73 INDEX r Res 2002 -23 No Parking Restrictions for Street Sweeping (85) C -3418 Bayside Drive - City of Newport Beach City Council Minutes March 26, 2002 ACCEPTANCE. 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 1 year after Council acceptance. 6. Item removed from the Consent Calendar by Council Member Heffernan. SOLID WASTE AUDITS. Authorize staff to execute the professional services agreement with Hilton Farnkopf & Hobson, LLC to conduct audits of solid waste franchise holders. MISCELLANEOUS ACTIONS 8. REQUEST FOR BUDGET AMENDMENT. Approve a budget amendment (BA -035) to transfer funds in the amount of $6,805 from Sailing Reserve account 010.3741 to account 4330 -8080; and to transfer $2,300 from the Surfing Reserve account 010.3740 to account 4330 -8080 9. Item removed from the Consent Calendar by Council Member Heffernan. 10. NOTIFICATION OF EMERGENCY PURCHASE OF BREATHING AIR COMPRESSOR. Receive and file. 11. APPOINTMENT TO GENERAL PLAN ADVISORY COMMITTEE. Appoint Ernie Hatchell to at -large vacancy. 12. Item removed from the Consent Calendar by Mayor Ridgeway. 13. AD HOC CITY COUNCIL COMMITTEE — JWA SETTLEMENT AGREEMENT EXTENSION. Approve an extension of the term of the John Wayne Airport Settlement Agreement Extension Committee until September 30, 2002. 14. COMMENTS ON NOTICE OF PREPARATION OF ENVIRONMENTAL IMPACT REPORT ON IRWD'S PROPOSED SAN DIEGO CREEK WATERSHED NATURAL TREATMENT SYSTEM PROGRAM. Direct the City Manager to transmit a comment letter to IRWD. 15. PURCHASE OF TRAFFIC MANAGEMENT SYSTEM. Authorize a budget amendment (BA -036) in the amount of $22,000 from the unappropriated reserve balance of the Circulation and Transportation Fund to a new CIP Account No. 7261- C5200667 entitled "Traffic Management System" and authorize the purchase of a replacement Traffic Management System. Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar, Volume 55 - Page 74 INDEX Marine Avenue Pressure Release Valve Relocation (38) C -3522 Solid Waste Audits (38) BA -035 Recreation Activities Fund Transfer (40/62) Fire Department Purchase(41) GPAC Appointment (24) JWA Settlement Agreement Extension Committee (24) Watershed Natural Treatment System EIR (51) BA -036 Traffic Management System (40/85) City of Newport Beach City Council Minutes March 26, 2002 except for those items removed (1, 4, 6, 9 and 12). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 12, 2002. Jim Hildreth, 120 the Grand Canal, stated that volume 55, page 46 of the March 12, 2002, regular meeting minutes should have included his comments regarding the comments made by a council member. He stated that the minutes are a part of the public record and his comments, as well as those made by the council member, should be included. Mr. Hildreth additionally referred to volume 55, page 48 and stated that it should be specifically noted in the minutes that the letter he presented is on record. Mr. Hildreth stated that the letter is dated March 12, 2002, and should be designated as being given to the City Council. Mr. Hildreth additionally noted a second letter he presented at the meeting and requested that his comments and the documents be recorded correctly. The letters presented are on file in the City Clerk's office. Mayor Ridgeway directed the City Attorney to research the documents Mr. Hildreth asked for in his letter of March 12, 2002. Mayor Ridgeway stated that if the records have been destroyed, he would sign a letter making that acknowledgement. Motion by Council Member O'Neil to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor 4. CITY MANAGER EMPLOYMENT AGREEMENT — PROPOSED MODIFICATION TO COMPENSATION. Russell Niewiarowski, Santa Ana Heights, stated his support for the resolution and noted that City Manager Bludau is an asset to the City. Mr. Niewiarowski stated that he's dealt with him on many occasions, that City Manager Bludau has always been there for any issue and is deserving of the raise. Volume 55 - Page 75 INDEX Res 2002 -25/C -3262 City Manager's Contract (38) City of Newport Beach City Council Minutes e March 26, 2002 Jim Hildreth, 120 The Grand Canal, stated that he agreed with the first salary increase that City Manager Bludau received and noted that it was for 3 %. He stated that the recommendation at the current meeting is to increase his salary by 17 %. Mr. Hildreth noted four accomplishments of City Manager Bludau and stated that he has shown his worthiness to the City. Mr. Hildreth presented a letter signed by him to the City Council dated March 26, 2002, regarding the issue. The letter presented is on file in the City Clerk's office. In conclusion, he wondered if the increase in dock rentals being considered would be used to pay for the increase in City Manager Bludau's salary. Motion by Council Member O'Neil to adopt Resolution No. 2002 -25 adjusting the compensation of the City Manager. Council Member Heffernan asked if the severance pay was paid in the event of death or prolonged disability. City Attorney Burnham stated that the severance pay would be paid only if City Manager Bludau was terminated by the City Council without cause. Council Member Heffernan asked if any unpaid loan balance would be offset by the severance pay. City Attorney Burnham stated that it would not. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor 6. SAN MIGUEL DRIVE PAVEMENT REHABILITATION (C -3374) — COMPLETION AND ACCEPTANCE. Council Member Heffernan noted that the project was done for $165,000 less than the original bid amount, and pointed out that the City is looking after the taxpayers' money and does a good job. Dolores Otting stated that San Miguel Drive was fine before the rehabilitation, but that now there is a problem with the inside lanes in both directions. She stated that she was told that the road would be fixed, but that it hasn't. Ms. Otting stated that the City shouldn't pay for the street under its current condition. She suggested that the council members drive the street. Public Works Director Badum stated that it was initially thought that there were some problems with the paving machine on the project, but that an independent review of the project was made and discussions took place with All American Asphalt and outside consultants. Although some minor grade problems exist close to the median, it was felt that it would remedy itself over time and that it couldn't be justified to redo the street. Public Works Director Badum noted that Volume 55 - Page 76 INDEX C -3374 San Miguel Drive Pavement Rehabilitation (38) City of Newport Beach City Council Minutes March 26, 2002 the cause of the problem was never Council Member Adams asked if a profiler could be used. Public Works Director Badum stated that a profiler had been used, but the paving is to the existing median and there are grade deviations. He stated that microplaning might be considered in the future if the problem still exists. Per Council Member Adams' question, Public Works Director Badum stated that there is a one year warranty on the project, but that All American doesn't feel they are at fault, so the City would have difficulty requiring them to redo the project. Public Works Director Badum stated that the real cause is unknown, but that it is probably a combination of the existing grade, operator error and machinery problems. Per Council Member Adams' question, he stated that no relief was received from All American. Public Works Director Badum added that All American continues to maintain that they are not at fault, and that it is probably the grade and having to match the existing median that caused the problem. Council Member Glover asked if Public Works Director Badum felt that the street was worthy of the final contract cost. Public Works Director Badum stated that it was, and that any project will have minor problems and deviations. He stated that, in this case, the deviation is not worth inconveniencing the public again and there isn't a legitimate claim against All American to require them to pay for remedying the situation. Council Member Adams suggested that when there is another job in the City using a planer, that it be used on San Miguel Drive also. Council Member Heffernan suggested that anyone with a problem with San Miguel Drive, post their complaint on District No. 7's website. Motion by Council Member O'Neil to accept the work; authorize the City Clerk to file a Notice of Completion; 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 release the Faithful Performance Bond 1 year after Council acceptance. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor 9. PROFESSIONAL SERVICES BUDGETING IN THE PLANNING DEPARTMENT. INDEX Planning Department Professional Services Budgeting Council Member Heffernan asked for a report on the total budget for 1 (68) Volume 55 - Page 77 City of Newport Beach City Council Minutes March 26, 2002 the general plan update. Assistant City Manager Wood stated that the total to date for the visioning process and the two technical studies is $615,520. She additionally noted that there is a change to the staff report and referred to the traffic model update totaling $127,955. Assistant City Manager Wood stated that the General Plan Update Committee is recommending that there be an option to add origin and destination studies, which would cost approximately $32,000. Assistant City Manager Wood stated that future expenses can only be estimated, but it is expected that the update process will cost between $500,000 and $800,000. Council Member Heffernan confirmed that it brings the entire project to a total of $1.4 million. Motion by Mayor Pro Tern Bromberg to receive and file report and direct staff to return, if necessary, by the end of the current fiscal year, with any budget amendment that requires City Council approval. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor 12. HARBOR COMMISSION — CONFIRMATION OF NOMINEES AND SCHEDULING OF APPOINTMENTS. In response to inquiries received on the process selected by the Ad Hoc Appointments Committee for appointing the members to the Harbor Commission, City Clerk Harkless stated that she reviewed how the process was handled in previous years for other boards and commissions. She stated that in June of 1989, there were two nominees named for each position with voting taking place as is being recommended at the current meeting. City Clerk Harkless stated that in January of 1995, the City Council decided to select the nominees with the highest number of votes and did not put one nominee against another. She additionally noted Council Policy A -2, Board and Commission Appointments, and stated that the process for how the appointments are handled is open to interpretation. Council Member Adams stated that he was a member of the Ad Hoc Appointments Committee, along with Council Members Glover and Heffernan. He stated that they carefully reviewed 43 applications for the new Harbor Commission and decided to interview 20 applicants. He stated that he had originally thought that 14 finalists would be recommended to the City Council and the 7 receiving the highest number of votes would be seated on the Commission. He stated, however, that after the interviews and deliberation by the Committee, it was decided to nominate two applicants per seat. Council Member Adams stated that the recommended process gives the opportunity to provide for some fresh faces on the Commission and allowed the Committee to make the best possible decisions. Volume 55 - Page 78 INDEX Harbor Commission Appointments (24) City of Newport Beach City Council Minutes March 26, 2002 Mayor Ridgeway asked how the applicants were paired up. Council Member Glover stated that a new commission is being created, the best applicants were chosen and many good people didn't make the final list. She stated that based on the collective experiences of the Committee members, she felt that the best people possible were chosen and that the Committee members used their best judgment. Council Member Glover stated that the nominees should be pleased and honored at being nominated. Council Member Heffernan stated that any of the seven nominees will provide a good cross section of the City. He stated that there will always be someone to disagree with a recommendation, but he felt that the Committee did a good, thorough job in narrowing the field. Council Member O'Neil stated that he will have difficulty selecting between two nominees for some of the seats, but based on what he's heard from the Committee members and the process that they went through, he will accept the recommended procedure. Motion by Council Member Glover to confirm the nominations made by the Ad Hoc Appointments Committee and schedule the appointments to be made on April 9, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor O. CURRENT BUSINESS (taken out of order) 21. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002- 0035). Mayor Ridgeway announced that Item No. 21 would be continued, but asked if there was anyone in the audience who wanted to speak on the item. Motion by Council Member O'Neil to continue Item No. 21 to the City Council meeting of April 9, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Volume 55 - Page 79 INDEX N2002 -0035 Structural Encroachments 2100 W. Ocean Front (65) City of Newport Beach City Council Minutes March 26, 2002 Absent: Proctor H. PUBLIC COMMENTS INDEX Due to the number of people in the audience wanting to speak under the Public Comments portion of the agenda, Mayor Ridgeway suggested that Public Comments be limited to two minutes at the current meeting. Noting that the agenda states that speakers are given three minutes to speak, Council Member Adams asked if limiting public comments to two minutes was allowable. City Attorney Burnham stated that the City Council has the right to modify the time allocated as long as it represents a reasonable period of time. Motion by Council Member O'Neil to limit public comments to two minutes per speaker. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Mayor Ridgeway Noes: Adams Abstain: None Absent: Proctor Jim Hildreth, 120 The Grand Canal, presented a letter to the City Council, dated March 26, 2002, and requested that it be entered into public record. The letter presented is on file in the City Clerk's office. He stated that the letter he received from Assistant City Manager Kiff, dated March 16, 2002, did not reflect the Mayor's statements that the records that Mr. Hildreth is requesting have been destroyed. Mr. Hildreth asked if the City Council looks into matters brought to their attention. Rex Ricks, Huntington Beach, stated that Huntington Beach delivered the most No on Measure W votes in the County. Mr. Ricks stated that the groups that oppose an expansion at Los Angeles International Airport (LAX) also need to be kept as allies. He suggested that the Federal Aviation Administration (FAA) and the Air Transport Association (ATA) be asked to give a definite answer on if they would accept Scenario One. He stated that if a clear answer is not received, the City should continue to fight for an airport at El Toro. Mr. Ricks stated that the City can't count on South County supporting an extension of the John Wayne Settlement Agreement. Elaine Linhoff, 1760 E. Ocean Blvd., asked that the ficus trees be kept on Main Street in Balboa. She showed two pictures, one that showed Balboa when the ficus trees were newly planted and another that showed Balboa prior to the recent removal of some of the trees. She stated that she prefers the area with the trees and believes that it will enhance the revitalization project. Ms. Linhoff stated that she originally thought the trees were causing some damage and should possibly be removed, but has found out that they are not. She noted Volume 55 - Page 80 City of Newport Beach City Council Minutes March 26, 2002 `!% !1 that only $1,000 of damage has been caused in three years, and it would only cost $16,000 per year to maintain all of the trees on Main Street. Cyndi Doran, 425 Seville Avenue, stated that in November, 2001, a survey was conducted asking the merchants on Main Street if they had experienced any plumbing problems directly resulting from the ficus trees. Ms. Doran stated that of the 22 merchants surveyed, four said yes. She stated that the other 18 hadn't had any problems and hoped the trees would remain. Ms. Doran stated that the most compelling response came from CJ Williams, one of the town's prominent landlords. Ms. Doran read a statement from Mr. Williams which supported maintaining the £icus trees on Main Street and included an offer to work with the Planning Commission to continue to beautify Balboa. Charles Griffin, 732 Bison Avenue, stated that he recently received the title and summary for the Reasonable Airport Park and Natural Preserve Initiative for the November 2002, ballot. He stated that the initiative would repeal Measure W, the Orange County Central Park & Nature Preserve Initiative, and reinstate the plan for a civilian airport at El Toro in the Orange County General Plan. Mr. Griffin encouraged the City to remain a member of the Orange County Regional Airport Authority ( OCRAA) and continue to fight for an airport at El Toro. He stated that this is the only way to provide long- term relief to the John Wayne Airport. Russell Niewiarowski, Santa Ana Heights, President of The New Millennium Group, stated that the membership of their group is growing and money is being raised for their campaign to put the Reasonable Airport park and Natural Preserve Initiative on the November 2002, ballot. Mr. Niewiarowski stated that OCRAA is expected to adopt a resolution on April 10, 2002, endorsing the initiative. He encouraged the City to also participate in the campaign, which will run from March 28, 2002, to June 14, 2002. He stated that their website, www.ocxeltoro.com, has been updated and all negative comments removed. Christie Wood, 2046 Seville Avenue, stated that she manages several of the retail businesses in the buildings that CJ Williams owns, which includes contacting Mr. Williams when there are plumbing problems. She reported that during the eight years that she has worked in this capacity, tree roots were never a cause of the plumbing problems. She stated that she is aware of one business in the area that did have a problem, but she felt that the tree roots can be maintained without damaging the trees. Ms. Wood stated that Newport Beach has been named a Tree City by the National Arbor Day Foundation for a couple of years in a row. She stated that the trees make the City charming. She presented a Save the Trees Petition, signed by people who feel the same way. Jan Vandersloot, Newport Heights, member of Stop Polluting Our Volume 55 - Page 81 City of Newport Beach City Council Minutes March 26, 2002 INDEX Newport (SPON), requested that the issue of the ficus trees on Main Street be agendized for a future City Council meeting. He stated that there is enough public interest to warrant the issue being reopened. Dr. Vandersloot referred to, and distributed, the letter he wrote to the City Council on June 24, 2001. He stated that the letter points out that a report commissioned by the City in April 2001, stated that the ficus trees on Main Street could be preserved. Dr. Vandersloot stated that the trees are landmark trees and the City has the responsibility to save such trees. In conclusion, he stated that the City Council should listen to the citizens and reopen the issue. Tom Naughton, 1700 Port Margate Place, President of the Airport Working Group (AWG), stated that AWG supports Scenario One for the extension of the John Wayne Airport (JWA) settlement agreement. He noted, however, that Scenario One leaves a shortfall of 24.6 million annual passengers by the year 2020. He stated that AWG believes that without El Toro as a second airport in Orange County, JWA will be expanded in the future. Mr. Naughton stated that Orange County needs both an airport at El Toro and JWA to meet future demand and cannot rely on other airports in the region to fill the shortfall. Shirley Conger, Corona del Mar, AWG Board of Directors, stated that she received a letter from a friend who used to live in Manhattan Beach, relating to the demise of the ocean front property in the Vista del Mar area due to the expansion of LAX. She stated that the entire area was demolished and the houses, that used to overlook a beautiful beach, were removed. She concluded by stating that she hoped the same thing wouldn't happen to Newport Beach. Gay Wassall - Kelly, 409 E. Edgewater, President of the Balboa Merchants /Owners Association, stated that many studies have been done and it has been concluded that the ficus trees on Main Street are out of scale with the street and are in the wrong place in relationship to Balboa's revitalization plan. She stated that the merchants would like to save the trees, but plumbing costs and repairs have been a problem. Ms. Wassall•Kelly displayed a tree root that was found in the area. George Margolin, Newport Beach, noted a cartoon in the paper earlier in the day regarding looters logic, or people who steal and utilize it as justification. Mr. Margolin stated that it could be describing South County. He stated that his concern is that South County will not support the City in its effort to extend the JWA Settlement Agreement. Mr. Margolin asked that the City continue to work with him. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE Council Member Adams reported that the General Plan Update Committee met on March 25, 2002, and heard a presentation on the proposed scope of services for the travel demand modeling work that Volume 55 - Page 82 City of Newport Beach City Council Minutes March 26, 2002 M. N. would be done to support the Visioning Program. He stated that a recommendation would be agendized for the City Council meeting of April 9, 2002. Mayor Pro Tem Bromberg noted the many City committees and stated that they set the tone for the direction of the City. He stated that all of the committee meetings are open to the public and he encouraged anyone to attend the meetings. Mayor Pro Tem Bromberg stated that additional information can be received from the City Clerk's office. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR MARCH 21, 2002. Assistant City Manager Wood stated that due to only four members of the Planning Commission being present at the March 21, 2002, meeting, several applicants requested that their items be continued. She stated, however, that action was taken on three of the items on the agenda. The Fluter Mixed Use Project regarded an amendment to one of the conditions of approval. The Planning Commission determined that the vertical coastal access was excessive. Assistant City Manager Wood stated that the Newport Classic Inn proposal to replace the existing restaurant and some other space with eleven new guest rooms was approved. Lastly, the Planning Commission approved the opening of Beverages and More in the Atrium Court at Fashion Island. Motion by Mayor Pro Tem Brombere to receive and file the written report. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor PUBLIC HEARINGS 17. REVIEW OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SOCIAL SERVICE AND FAIR HOUSING GRANTEE APPLICATIONS FOR FY 2002 -2003 ACTION PLAN. Associate Planner Trimble stated that up to 15% of the City's annual Community Development Block Grant (CDBG) allocation can be used for public service agencies. He stated that the estimate for this year's allocation is $490,000, or a total of $73,500 that can be allocated to various public service agencies. He stated that the requests totaled $90,000 and a distribution plan was worked out to provide funding to Volume 55 - Page 83 `l013 Planning Commission (68) CDBG Action Plan FY 2002 -2003 (87) City of Newport Beach City Council Minutes March 26, 2002 INDEX six different providers. Associate Planner Trimble stated that the distribution is determined by the amount of funding requested, the past performance and proposed accomplishments of the individual groups, the specific benefits to Newport Beach residents and City priorities. Mayor Ridgeway opened the public hearing. David Levy, Fair Housing Council of Orange County, expressed his agency's appreciation for the recommendation that their request be fully funded. Mr. Levy stated that the Fair Housing Council provides fair housing education, counseling and enforcement services. He stated that their funding request was based on the service demand for Newport Beach, and it is anticipated that ten Newport Beach households will be served on housing discrimination matters and 320 households on landlord/tenant matters. Jean Wegener, Executive Director of Serving People In Need (SPIN), thanked staff for their recommendation to fund SPIN. She stated that many of the SPIN board members are Newport Beach residents, several area groups are volunteers and that SPIN was founded in Newport Beach. She expressed her appreciation for the City's support of SPIN. Greg Compton, incoming Board President of FISH- HARBOR AREA, Inc., expressed FISH's gratitude for the City's continuing support. He stated that the mission of FISH is to prevent homelessness and hunger in the community, focusing mainly on Newport Beach and the harbor area. Mayor Ridgeway asked where FISH is located. Mr. Compton stated that FISH is located adjacent to Ensign School, in an unmarked home on the school premises. He added that their location may be changing soon. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Mayor Pro Tem Bromberg stated that the City makes the CDBG allocations every year and he thanked the recipients for attending the meeting. Motion by Mayor Pro Tern Bromberg to approve recommendations for funding of social service sub - recipients. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor Volume 55 - Page 84 City of Newport Beach City Council Minutes March 26, 2002 18. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2002 -2003 FISCAL YEAR. Associate Planner Trimble stated that the Balboa Village Business Improvement District (BID) is not proposing any changes to their fees or boundaries, and the City has received no protests regarding the assessment. Mayor Ridgeway opened the public hearing. Gay Wassall- Kelly, 409 E. Edgewater, President of the Balboa Merchants/Owners Association (BMOA), expressed the BMOA's appreciation for the City's continued support of Balboa Village. She added that the merchants appreciate the City's response to their complaints during the revitalization construction project. She stated that they have been marketing the area and the businesses have remained open during the construction. She stated that the area's website, www.balboanewnortbeach.com, has also been a valuable tool. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Glover to adopt Resolution No. 2002 -24 confirming the levying of assessments. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor 19. CAMCO PACIFIC CONSTRUCTION COMPANY (PA2001 -157) — 1811 QUAIL STREET — RE- ADOPTION OF A PLANNED COMMUNITY DEVELOPMENT TEXT AMENDMENT TO NEWPORT PLACE PLANNED COMMUNITY BLOCK G & H, PERMITTING A 1,590 NET SQUARE FOOT ADDITION TO AN EXISTING OFFICE BUILDING LOCATED AT 1811 QUAIL STREET. Mayor Ridgeway stated that the item has been agendized to take care of an administrative correction. Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member O'Neil to introduce Ordinance No. 2002 -6 to re -adopt Planned Community Development Text Volume 55 - Page 85 INDEX Res 2002 -24 Balboa Village BID (27) Ord 2002.6 GPA 2001 -004 PA 2001 -157 Camco Pacific 1811 Quail Street (45) City of Newport Beach City Council Minutes March 26, 2002 Amendment 2001 -002 for property located at 1811 Quail Street; and pass to second reading on April 9, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor 20. PACIFIC REPUBLIC CAPITAL OFFICE BUILDING (PA2001- 161) — 1150 GRANVILLE DRIVE — DEVELOPMENT OF AN 8,000 SQUARE FOOT PROFESSIONAL OFFICE BUILDING WITH BELOW GRADE PARKING. THE APPLICATION INCLUDES A GENERAL PLAN AMENDMENT AND A ZONING CODE AMENDMENT TO INCREASE THE EXISTING DEVELOPMENT ALLOCATION FROM 5,000 SQUARE FEET TO 8,000 SQUARE FEET. THE CODE AMENDMENT INCLUDES A REQUEST TO REDUCE THE REAR YARD SETBACK OF 35 FEET ALONG NEWPORT CENTER DRIVE TO 25 FEET. THE PROJECT INVOLVES THE ESTABLISHMENT OF A SITE PLAN REVIEW (SPR) OVERLAY DISTRICT FOR THE PROJECT SITE TO ALLOW PLANNING COMMISSION REVIEW OF THE PROJECT. A MODIFICATION PERMIT IS REQUESTED FOR 3 DIFFERENT ENCROACHMENTS INTO THE PROPOSED 25- FOOT REAR YARD SETBACK ALONG NEWPORT CENTER DRIVE AND AN ADDITIONAL MONUMENT SIGN. In response to the staff report, which states that the site was re- designated from Multi- Family Residential to Administrative, Professional & Financial Commercial in 1994, Mayor Ridgeway recalled that the area was previously designated as open space. He added that he believes the project is a responsible one, but that he is troubled by the letter from the Granville Community Association, which asks that the setback be on the City's side and not on the Association's side. Mayor Pro Tern Bromberg asked if the parking would be completely or partially subterranean. Associate Planner Weber stated that it's partially subterranean with two spaces located on the main drive and 29 subterranean spaces. Council Member Heffernan asked why the four parking spaces for every 1,000 square feet (4:1) parking ratio was not adhered to. Associate Planner Weber stated that the applicant has indicated that the building will conform to the parking, which can be done by reducing the building size. Council Member Heffernan asked why an additional 3,000 square feet was being recommended when the applicant doesn't have enough parking to justify the building. Assistant City Manager Wood stated that this is the reason for the general plan amendment. She added that the Planning Commission Volume 55 - Page 86 INDEX Ord 2002 -7 Res 2002 -26 GPA 2001 -003 PA 2001 -161 Pack Republic Capital 1150 Granville Drive (45) City of Newport Beach City Council Minutes March 26, 2002 INDEX did add a condition of approval to ensure that the building sized to meet the parking requirement. Council Member Glover confirmed with Associate Planner Weber that parking is located outside the gate. Mayor Ridgeway confirmed that the findings and conditions do adjust the building to comply with the 4:1 ratio. He asked if the parking would truly be tucked under. Associate Planner Weber stated that there would be some excavation of the site. He added that the site is relatively flat on the Granville Drive side, but does slope up on the Newport Center Drive side. Additionally, Associate Planner Weber stated that the parking would extend above ground 1'/z to 2'/ feet, depending upon the location on the site. City Manager Bludau noted the model on display at the current meeting. Mayor Ridgeway opened the public hearing. Bill Ficker, 1127 Granville Drive, stated that the project has been under consideration and design for a couple of years, and was held off due to Greenlight. He stated that it's a unique, transitional property and the building would be camouflaged by the landscaping. He stated that the building will be of high quality and of residential scale. He stated that the parking requirement will be hard to meet and that, most likely, the building will be reduced to 7,750 square feet so that only 31 spaces will be required. Mr. Ficker stated that excavation will be done for the garage and the parking will truly be underground. He stated that the two outside parking spaces can also be used by delivery trucks. He stated that he hoped the City Council would concur with the Planning Commission and approve the project. Council Member Heffernan asked why the project was held off due to Greenlight. Mr. Ficker explained that at the time the project was being initiated, Greenlight was also being initiated and the thresholds weren't known. Council Member O'Neil recalled meeting Mr. Ficker 33 years ago, which was when Council Member O'Neil began working for the City and soon after Mr. Ficker won the America's Cup. Motion by Council Member O'Neil to adopt Resolution No. 2002 -26 to approve General Plan Amendment No. 2001.003 and approve Site Plan Review No. 2002 -001, and Modification Permit No. 2002 -029 (PA2001 -161) for the property identified as 1150 Granville Drive; and introduce Ordinance No. 2002.7 approving Code Amendment 2001- 003, and pass to second reading on April 9, 2002. Council Member Glover also recalled when she met Mr. Ficker, and mentioned that it was in the Council Chambers. Volume 55 - Page 87 City of Newport Beach City Council Minutes March 26, 2002 Jim Hildreth, 120 The Grand Canal, stated that he is glad to see that the project will not impact the community. Seth Oberg, 1117 Granville Drive, President of the Granville Community Association, stated that the Association wants to make sure that the project fits in with the overall look of the area. He stated that the reason the Association is asking for the setback to be reduced on the Newport Center Drive side of the site is because there is already landscaping on that side of the lot so the building would be hidden and it centers the building on the lot. Mr. Oberg asked that another condition be added to limit on -grade parking spaces to two. Mr. Ficker stated that he was under the impression that the condition requested by Mr. Oberg was already a condition of approval by the Planning Commission, and that he did intend to only have two spaces on- grade. Assistant City Manager Wood stated that she also recalled that it was a condition of the Planning Commission and she believed it was part of Condition No. 1, which states that the development will be in substantial conformance with the plans dated January 8, 2002. Council Member O'Neil amended his motion to specifically include the condition that only two parking spaces are allowed on- grade. Hearing no further testimony, Mayor Ridgeway closed the public hearing. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor O. CURRENT BUSINESS (continued) 22. APPROVAL OF AGREEMENT WITH THE ORANGE COUNTY TRANSIT AUTHORITY; ACCEPTANCE OF GRANT FUNDS FOR THE PROGRAM; AND AUTHORIZE INCREASED STAFFING. City Manager Bludau stated that part of the recommended action for this item is to change a part -time position to a full -time position. City Manager Bludau stated that he had earlier told the City Council that he would not be adding any new positions, but that the opportunity in this situation warrants the addition. Senior Services Manager Jardine -Haug stated that by approving the recommended contract with the Orange County Transit Authority (OCTA), additional transportation will be provided to the older residents of Newport Beach. She stated that the contract is for five Volume 55 - Page 88 INDEX C -3523 Orange County Transportation Authority (OCTA) Senior Mobility Program (38) City of Newport Beach City Council Minutes March 26, 2002 liN0b►:1 years, with an optional renewal period of an additional five years. She noted the ten -year funding plan included in the staff report. Senior Services Manager Jardine -Haug stated that Community Services currently has three vehicles, two of which are owned, operated and managed by the City. She added that the drivers of the vehicles are employees of the Friends of Oasis, a nonprofit organization. She stated that the third vehicle is funded by Hoag Hospital though the Hoag Community Partnership Grant. She stated that the primary service of the program is to transport frail, elderly people from their homes to medical appointments and other errands, and to transport people to the Oasis Center for activities. She stated that the program completes approximately 900 one -way rides per month. Senior Services Manager Jardine -Haug stated that OCTA conducted a survey a couple of years ago and found that the senior population doesn't utilize the big buses. The Senior Mobility Program is being offered to every city in order to meet the needs of seniors on a local basis with vans that are appropriate. She stated that the funding level varies by city, according to its demographics, and the money can only be used in certain ways. Senior Services Manager Jardine -Haug stated that staffs recommendation is to spend the money being granted to Newport Beach on a new eight - passenger vehicle, hiring a new driver and adding a full-time position to assist in coordinating the efforts of the transportation program. She stated that the grant would not cover the actual purchase of the vehicle and she will propose that this money be included in the 2002 -2003 budget for the Senior Services Division of the Community Services Department. Senior Services Director Jardine -Haug stated that the program would allow the City to offer 300 additional one -way rides per month, alleviate the practice of having to deny rides, allow for more flexibility in the types of rides requested and allow the additional time needed to pick up Newport Coast residents. Motion by Mayor Pro Tem Brombere to approve the agreement with Orange County Transit Authority (OCTA) for the Senior Mobility Program, effective May 2002 for a period of five years; accept from OCTA the amount of $10,777, the proportional amount for 2 months of the FY 2001102 allocation of $64,663; and effective May 2002, authorize increasing the current part time Senior Recreation Coordinator position to a full -time position. Jim Hildreth, 120 The Grand Canal, stated that the drivers are not driving correctly in the alleys on either side of The Grand Canal. He suggested that the grant money be used for training the drivers instead. He stated that he's noted damaged vehicles and doesn't feel that this is appropriate for picking up senior citizens. The motion carried by the following roll call vote: Volume 55 - Page 89 City of Newport Beach City Council Minutes March 26, 2002 Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Proctor P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - 9:25 p.m. in the memory of Loren Heather, husband of former Mayor Jackie Heather. axa,er * «* *•mew The agenda for the Regular Meeting was posted on March 20, 2002, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor Jity 9 / %/ i .. r �' .. �4 43 Volume 55 - Page 90