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HomeMy WebLinkAbout03/25/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 25, 2003 - 7:00 p.m. STUDY SESSION — 4:00 p.m CLOSED SESSION — 6:10 p.m. INDEX A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: Proctor C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Ridgeway. E. INVOCATION — Jim de Boom, Executive Director, Newport Mesa Irvine Interfaith Council. F. PRESENTATIONS Presentation by the National Committee for Employer Support of the Guard and Reserve (contd. from 2/25/03 & 3/11/03). Utilities Operations Manager Ed Burt introduced Utilities Department employees Gary Tegel and Bill Genslinger, who were present at the meeting. Manager Burt explained that there are a total of eight employees who serve in the Guard and Reserve, and that two of them are currently activated. He presented the awards from the National Committee for Employer Support of the Guard and Reserve to Mayor Bromberg and City Manager Bludau. Manager Burt thanked the City Council and the City Manager for their support. Mayor Bromberg expressed his gratification for the service of the Guard and Reserve. Newport Beach Film Festival 2003. Gregg Schwenk, Executive Director of the Newport Beach Film Festival, distributed programs for the 2003 festival, which runs from April 3rd through the l lth. He stated that over 1,000 screenings were submitted for the 2003 festival and that approximately 300 were selected. Mr. Schwenk provided details on some of the events and various aspects of this year's festival, and the outreach being done in the community. Lastly, in recognition of those who serve, protect and defend, Mr. Schwenk announced that 5% of the seating capacity during this year's festival would be designated for men and women in uniform, at no charge. Mr. Schwenk stated that additional information on the festival can be obtained by accessing their website at www.newnortbeachfilmfest.com or calling 949- 253 -2880. Volume 56 - Page 54 City of Newport Beach City Council Minutes March 25, 2003 G. H. I. Relay for Life. Peggy Fort, on behalf of the American Cancer Society, encouraged community participation in the 2 °d Annual Newport Beach Relay for Life event, which takes place May 2 and 3, 2003, at Newport Harbor High School. Ms. Fort stated that Relay for Life is a fun and unique 24 -hour team walking event to increase cancer awareness, while raising funds for the American Cancer Society's programs and services. Ms. Fort stated that inform -tion on the services provided by the American Cancer Society can be obtained by calling 800- ACS -2345 or by accessing their website at www.cancer.ore. Ms. Fort stated that this year's event in Newport Beach is being co- chaired by City Manager Bludau and Pat Smith, a local resident and cancer survivor. Ms. Fort announced that on April 7, 2003, at 7:00 p.m. in the Council Chambers, there would be an informational meeting for team captains. The deadline to register a team is April 28, 2003. Additional information can be obtained by calling 949- 567 -0634. Mayor Bromberg acknowledged Ms. Fort for her efforts. He stated that those interested in joining his team, the Council Critters, can obtain information by calling 949 - 644 -3004. NOTICE TO THE PUBLIC CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) — None. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. ADOPT RESOLUTION FOR STREET SWEEPING ON COLTON STREET. 1) Adopt Resolution No. 2003 -16 establishing NO PARKING restrictions for street sweeping on Monday from 8:30 a.m. to 12:30 p.m. on Colton Street in West Newport from Seashore Drive to Ocean Front; and on Tuesday from 9:30 a.m. to 12:30 p.m. on the east side of Colton Street from Coast Highway to the northerly end of street; and on Wednesday from 9:30 a.m. to 12:30 p.m. on the west side of Colton Street from Newport Shores Drive to northerly end of street; and 2) rescind Resolution No. 2003 -04. 4. SALE OF BONDS FOR UNDERGROUND ASSESSMENT DISTRICT NO. 70 BAYSHORES. 1) Adopt Resolution No. 2003 -17 which sets forth the terms and conditions for the sale of bonds and approves the Purchase Agreement submitted by the designated underwriter for Assessment District No. 70; and 2) approve a budget amendment (BA -058) adjusting revenue estimates in Account No. 400 -6970 in the amount of $1,463,310 to reflect contributions from Volume 56 - Page 55 INDEX Res 2003 -16 Street Sweeping Restrictions/ Colton Street (85) Res 2003 -17 BA -058 Underground Assessment District No. 70/ Bayshores (40/89) l City of Newport Beach City Council Minutes March 25, 2003 property owners and the sale of bonds and increase expenditure appropriations in the amount of $1,399,310 in Account No. 7401 - 05200483 to accommodate contributions costs. 5. Item removed from the Consent Calendar by Council Member INDEX Volume 56 - Page 56 Nichols. CONTRACTS AND AGREEMENTS 6. BONITA CREEK, GRANT HOWALD, CHANNEL PLACE, AND Playground SAN MIGUEL PARKS — APPROVAL OF PLAYGROUND Equipment EQUIPMENT PURCHASE (contd. from 3/11/03). 1) Approve the (62) purchase of new and replacement playground equipment from Coast Recreation, Inc. for Bonita Creek Park, Grant Howald Park, and San Miguel Park for a total contract price of $88,086; and 2) approve the purchase of replacement playground equipment from Pacific Design, Inc. for Channel Place Park for a total contract price of $22,921. 7. APPROVAL OF GRANT AGREEMENT BETWEEN CALIFORNIA C -3607 STATE LIBRARY AND THE CITY OF NEWPORT BEACH. Library Grant Approve the Grant Agreement between the California State Library and Agreement the City of Newport Beach and authorize the Mayor and the City Clerk (38) to execute the Agreement. 8. Item removed from the Consent Calendar by Council Member Nichols. 9. TEMPORARY EMPLOYMENT AGREEMENT WITH RON C -3608 GARRETT. 1) Approve a temporary employment agreement with Ron BA -055 Garrett in the amount of $15,000 and authorize the City Manager to Employment execute the Agreement; and 2) approve a budget amendment (BA -055) Agreement to transfer $15,000 from Account No. 5200 -7000 (Salaries - Misc.) to (38/40) Account No. 5200 -7020 (Part -Time Salaries). 10. CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE C -3505 (C -3505) — COMPLETION AND ACCEPTANCE. 1) Accept the work; CDM Community 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Youth Center the City Clerk to release the Labor and Materials bond 35 days after the Drainage Notice of Completion has been recorded in accordance with applicable (38) portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 11. MEMORANDUM OF UNDERSTANDING (MOU) WITH MARINE C- 20581MOU SAFETY OFFICERS ASSOCIATION. Approve and authorize the Marine Safety Mayor and City Clerk to execute the MOU. Officers (38) 12. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES C -3609 AGREEMENT WITH GAIL PICKART. 1) Approve Amendment No. 1 BA -059 to On -Call Engineering Services Agreement and authorize the Mayor On -Call and the City Clerk to execute the Amendment; and 2) approve a budget Engineering amendment (BA -059) transferring $20,000 from Account No. 5200 -7000 Services (Salaries — Misc.) to Account No. 5200 -8080 (Professional & Technical Agreement Services). (38140) Volume 56 - Page 56 City of Newport Beach City Council Minutes March 25, 2003 13. Item removed from the Consent Calendar by Mayor Pro Tern Ridgeway. MISCELLANEOUS ACTION 14. BUDGET AMENDMENT - TENNIS RESERVE ACCOUNT. Approve a budget amendment (BA -060) to transfer funds in the amount of $14,263 from Tennis Reserve account 010 -3742 and appropriate $12,660 to expenditure account 4330 -8080 and $1,603 to account 4330- 8200 to permit the enhancement of the City's recreational programs. 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve a budget amendment (BA -056) in the amount of $11,856. 16. GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PLANNING GRANT AWARD "EVERY 15 MINUTES - SUBSTANCE ABUSE PROGRAM ". 1) Approve acceptance of $23,492 grant from the State of California Governor's Office of Criminal Justice Planning (OCJP A301); and 2) approve a budget amendment (BA -057) increasing expenditure appropriations by $26,102 in the Police Substance Abuse program account 1850 -9019. This proposed expenditure would be offset by increased grant revenue estimates of $23,492 in account 1820 -4869, while the remaining $2,610 (required City matching funds) will be funded from the Police Department Narcotics Asset Forfeiture Fund in account 1210 -9300. 17. 813 EAST BALBOA AVENUE - GENERAL PLAN AMENDMENT INITIATION NO. 2003 -002 (PA2003 -050) - REQUEST TO INITIATE A GENERAL PLAN AMENDMENT AND AN AMENDMENT TO THE LOCAL COASTAL PROGRAM TO CHANGE THE LAND USE DESIGNATION ON A SINGLE LOT FROM RETAIL AND SERVICE COMMERCIAL TO TWO FAMILY RESIDENTIAL. Approve the proposed General Plan Amendment and Local Coastal Program Amendment initiation request. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 5, 8 and 13). The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 11, 2003. Volume 56 - Page 57 INDEX BA -060 Tennis Reserve Account (40/62) BA -056 Literacy Services (40/50) BA -057 Substance Abuse Program (40/70) GPA Initiation No. 2003 -002/ PA2003 -050/ 813 East Balboa Avenue (45) City of Newport Beach City Council Minutes March 25, 2003 11013 lV Jim Hildreth referred to Volume 56, Page 28 and requested that the tape be reviewed and his comments be corrected. Specifically, he stated that at the meeting of March 11, 2003, he said that he received only a harbor permit from the City for the Grand Canal, that there must have been a reason for the ladder being installed, that the City ladder is uninsured and that he mentioned the Public Works Director by name, not title. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 5. RESOLUTION AMENDING MEMBERSHIP PROVISIONS OF Res 2003 -18 THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE EQAC (EQAC). Membership Provisions Council Member Nichols asked what committees would be affected by (24) the recommended action. Mayor Bromberg stated that the recommended action would allow for members to be appointed from out of district and confirmed that it would only affect EQAC. Council Member Nichols stated that it also might be worthwhile to make the same modification to the Aviation Committee, noting that he currently doesn't have any candidates for his appointments. He requested that anyone within his district who is interested in serving on the committee submit an application to the City. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2003 -18 amending membership provisions of EQAC. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 8. NEWPORT TERRACE LANDFILL GAS ISSUE. C -3610 BA -054 Council Member Nichols stated that the Newport Terrace Landfill site is Newport Terrace near housing, and asked if there were other such sites in the City and Landfill Gas why the City has incurred the liability. Issue (38/40) Mayor Pro Tem Ridgeway stated that it was the City's dumpsite from 1953 to 1967. Volume 56 - Page 58 City of Newport Beach City Council Minutes March 25, 2003 Council Member Webb added that the landfill area runs through the center of the site, with residences built on either side. He stated that there is no evidence that the methane has migrated underneath the houses and that the homes were built with adequate treatment to keep the methane out. City Attorney Burnham stated that the matter regarding how the City incurred the liability could be addressed in a memorandum to the City Council and is beyond the scope of the agenda item. Motion by Mayor Pro Tern Ridgeway to approve the Cooperation and Cost Sharing Agreement for the preliminary investigation of the Newport Terrace Landfill site; 2) approve a budget amendment (BA -054) for $75,595 for the City's share of the system investigation, and future legal assistance and landfill engineering expertise, related to the Newport Terrace Landfill site; and 3) approve the Professional Services Agreement with SCS Engineering and the City. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 13. GENERAL PLAN VISION STATEMENT. Mayor Pro Tom Ridgeway suggested that wording be added to the community character section of the statement to indicate that the City is not only a residential community, but also has balanced shopping opportunities for all citizens and an office environment that provides employment for its citizens. Mayor Pro Tern Ridgeway explained that the proposed vision statement lacks reference to the City's business and shopping communities. Nancy Gardner, Co -Chair of the General Plan Advisory Committee (GPAC), stated that any changes to the vision statement recommended by GPAC should be considered with caution. She explained that GPAC is comprised of members that were appointed by the City Council and is representative of every element of the community. She stated that each word of the statement was thoroughly discussed and agreed upon by the GPAC members. Mayor Pro Tom Ridgeway asked why GPAC didn't recognize the City's shopping opportunities or office environment. Ms. Gardner stated that through the visioning process, it was clear that the community wanted to define itself as a residential community. Mayor Pro Tem Ridgeway agreed that Newport Beach is a residential community, but felt that the statement shouldn't entirely exclude businesses. Ms. Gardner pointed out that the community character section of the statement does reference the successful balancing of the needs of residents, businesses and visitors. She suggested that any amendments be sent to GPAC for Volume 56 - Page 59 INDEX General Plan Vision Statement (68) City of Newport Beach City Council Minutes March 25, 2003 INDEX discussion, prior to the City Council taking such action. Mayor Bromberg stated that he understands both viewpoints, that Mayor Pro Tem Ridgeway has made some valid points, but that the intent has been to have the council members not interfere with the general plan update process. He asked Mayor Pro Tem Ridgeway how he felt about continuing the item to give GPAC the opportunity to discuss the issue. Mayor Pro Tem Ridgeway stated that he would be in agreement with doing so. He pointed out that his viewpoint includes the vision for the City brought out in the Newport Tomorrow effort in the early 1970's. Ms. Gardner stated that the current residential emphasis may be a reaction to the growth has taken place since that time. Motion by Mayor Pro Tem Ridgeway to continue the item for one month to allow GPAC the opportunity to discuss the issues raised. Substitute motion by Council Member Adams to approve the General Plan Vision Statement as submitted. Council Member Adams stated that it is important to send a message from the City Council to GPAC that the City Council supports what they've done. He stated that there has already been ample opportunity to review the statement and provide feedback. He noted that since it is the City Council that will ultimately approve the general plan update, he understands that the council members need to be comfortable with the process. Council Member Adams expressed his support for the statement and felt that it reflects the community. Council Member Heffernan noted that the process has been thorough and carefully done. He stated that GPAC has done their job. Mayor Bromberg stated that the issue shouldn't be divisive, and agreed that GPAC has done their job. He expressed his concern for the City Council arguing over the vision statement. Council Member Adams stated that having the City Council endorse the vision statement was a request of GPAC and that it wasn't a requirement, but provides GPAC the confidence that they're headed in the right direction. Council Member Webb stated that as a former City employee, prior to being elected as a council member, he participated in the GPAC vision statement process. He felt that there were compromises made, the outreach programs were well utilized and a great amount of detail went into the process. He disagreed with making an amendment at this point and felt that it would indicate the City Council's lack of support for the efforts of GPAC. Mayor Pro Tem Ridgeway stated that he appreciated being better informed on the process and didn't realize the degree to which the statement had been discussed. He also felt that the debate was healthy. Volume 56 - Page 60 City of Newport Beach City Council Minutes March 25, 2003 INDEX Mayor Bromberg agreed and complimented the decision to have council members not attend the GPAC meetings so that the process wouldn't be politicized. The substitute motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor K. PUBLIC COMMENTS Jim Hildreth stated that in 1931, Mr. Collins, a developer for the Balboa Island area, designated Grand Canal as a street. Due to the moorings in the canal, the canal was designated as a canal in 1932. Mr. Hildreth stated that the City has since designated the moorings as pier locations, but can't locate the documents for the harbor permits. He stated that if the City does not have copies of the pier permits, it can be assumed that the locations must be moorings. Mr. Hildreth added that the City has acknowledged that the four mooring locations at the corners of the canal were abandoned. He stated that these moorings should fall under the same access requirements as the other moorings. He expressed his disappointment that the City cannot produce the documents. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Council Member Adams reported that GPUC met on March 24, 2003, and heard recommendations from the subcommittee that was tasked with outlining the remainder of the general plan update process. He complimented the efforts of the subcommittee. He stated that the recommendations would be provided to the City Council for review and action. Council Member Adams stated that the upcoming meetings of GPUC would include reports on the traffic study and the fiscal analysis. He announced that the next meeting will take place on April 14, 2003, and encouraged anyone interested in the process to attend. Status report — Local Coastal Program Certification Committee. No report. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan announced that the next meeting of the NCAC would take place on April 1, 2003. He stated that they would continue discussing details of the amended annexation agreement. Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb announced that the committee met for the first time on March 12, 2003. He stated that they decided to have potential members submit applications to the City Clerk's Office, and also discussed establishing two working groups, one for the site planning and one for the library planning. Council Member Webb stated that the meeting also included a presentation on a work plan, the grant application and the project schedule. He stated that the Volume 56 - Page 61 City of Newport Beach City Council Minutes March 25, 2003 committee plans to meet once a month, and the working groups would probably meet every other week, or possibly every week at the beginning. He announced that the next meeting would take place on April 9, 2003. Councilmanic Redistricting Connnittee. Mayor Bromberg reported that the committee met earlier in the day, and that possibly only one more meeting is needed before the committee will be able to provide the City Council with two to four scenarios for review. Environmental Quality Affairs Citizens Advisory Conunittee (EQAC). Barry Eaton reported that recommendations were presented to GPUC on what the general plan update should consist of. He stated that one of the significant issues addressed was how to insure that there wouldn't be a disconnection between GPAC, who's responsible for formulating public opinion into the process, and the Planning Commission and the City Council, who will adopt the general plan update. He stated that the recommendation is to not have the commissioners and council members a part of GPAC, but instead have them receive six updates during the two -year process. He stated that this would provide the opportunity for the Planning Commission and City Council to make changes during the process, if necessary. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR MARCH 20, 2003. [Meeting cancelled). N. PUBLIC HEARINGS 19. CODE AMENDMENT CA 2002 -007 — LANDMARK BUILDINGS (PA 2002 -218) — AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY RESTRICTIONS ON THE USES IN LANDMARK BUILDINGS (contd. from 2/11/03 & 3/11/03). Council Member Nichols recused himself as a Council Member since he lives within 500 feet, but stated that he does not have a financial interest. Council Member Heffernan requested that staff provide the details of the changes that were made in the report since the meeting of February 11, 2003. City Attorney Burnham stated that the differences in the ordinance include limiting accessory uses to 30% of the existing floor area as of January 1, 2003, and restricting hours of operation for accessory uses only. He stated that provisions were also added to allow a landmark building to be structurally altered without a use permit as long as the alteration occurs on the existing footprint and to require that the fagade and architectural features be substantially preserved. Per Council Member Heffernan's question, City Attorney Burnham stated that a landmark theater could be used for theater purposes, notwithstanding the fact that those uses had not been continuous from the date the building was constructed and used as a theater. He explained further that the principal use of a landmark building would be the dominant use as of January 1, 2003. Council Member Heffernan Volume 56 - Page 62 UI�1 .1 Planning Commission (68) Ord 2003 -4 Code Amendment CA 2002 -007 Landmark Buildings (68) City of Newport Beach City Council Minutes March 25, 2003 INDEX asked if it is clear in the ordinance that a theater would have to commence continuously running movies to receive the benefits of a landmark building. City Attorney Burnham stated that there could not be an accessory use if there wasn't a principal use, but admitted that it could be made clearer in the ordinance. In regard to the limitation of 30% of the floor area for accessory uses, Council Member Heffernan asked if it was better to use the floor area as of January 1, 2003, or the floor area at the time of the use. City Attorney Burnham stated that staff felt that the number shouldn't change, and that if the principal use as a cinema for 70% of the floor area couldn't be met, a use permit would have to be obtained. Council Member Adams asked if the City has the documentation needed to determine the floor areas as of January 1, 2003. City Attorney Burnham stated that it would be the responsibility of the property owner to prove that the accessory use was no more than 30% of the floor area of the building as of January 1, 2003. Mayor Bromberg suggested that the condition requiring that the exterior walls remain in the same location, the sixth condition, be changed to require that they remain in "substantially" the same location. Council Member Heffernan confirmed with City Attorney Burnham that the sixth condition is also referring to the fagade and architectural features on the exterior of the building. Mayor Bromberg opened the public hearing. Luvena Hayton stated that she is in favor of the Port Theater becoming a landmark theater. She explained that there aren't many historical buildings in the area and she knows that others share her opinion. Nancy Phelps stated that the Port Theater was, and can be, an important part of the community. She urged the City Council to grant landmark status to the theater. Per Council Member Adams' question, Ms. Phelps stated that her home is approximately five blocks from the Port Theater. Mayor Bromberg read the fifth condition from the staff report regarding off - street parking requirements. Dick Nichols stated that landmark recognition, from the historical sense, is being lost in the revised ordinance. He stated that the fifth condition allows for no additional parking requirements if the uses in the building don't exceed the need for 300 parking spaces. Mr. Nichols noted the vision statement that was presented earlier and the designation of the City as a residential community, and stated that the Port Theater does not have the needed features to operate as a restaurant. He suggested that such a facility would be better on the Corona del Mar post office site or at the closed Windows Restaurant site. Mr. Nichols stated that commercial businesses shouldn't be placed adjacent to residential Volume 56 - Page 63 City of Newport Beach City Council Minutes March 25, 2003 INDEX neighborhoods. He requested that the item be reconsidered. John Loper, Fritz Duda Company, stated that the Fritz Duda Company owns and manages the Via Lido Shopping Center, which includes the Lido Theater. He stated that Fritz Duda Company supports the proposed ordinance and the change to limit the hours of accessory uses and not principal uses, as noted earlier by the City Attorney. He stated that it's important to be able to offer movies past midnight. He stated that the Lido Theater is an asset to the community and contributes to revenue generation in the area. B. J. Johnson, Corona del Mar Residents Association, stated that she and the association support the proposed ordinance and the Port Theater. She stated that it's not feasible to move the theater and that it works where it is presently located. She stated that most of the residents want the theater. Laura Dietz stated that most businesses in the area of the Port Theater are also surrounded by residences. She disagreed with moving the Port Theater, and felt that any parking problems could be addressed if they arise. She expressed her support for the proposed ordinance. Hearing no further testimony, Mayor Bromberg closed the public hearing. Mayor Bromberg stated that a letter was received from a representative of the Port Theater expressing support for the proposed ordinance. Mayor Pro Tem Ridgeway stated that the letter was from Rick Aversano, the owner of the Port Theater. Motion by Mayor Pro Tem Ridgeway to introduce Ordinance No. 2003 -4 approving Code Amendment CA 2002 -007, with amendments to Condition No. 4 to change the time of use from 12:00 a.m. to 12:45 a.m., to Condition No. 1 to add the word "ongoing" before "principal use', to Condition No. 6 to add the word "exterior" before "fagade and /or architectural features", and to Condition No. 6 to add the word "substantially" before "the same location "; and pass to second reading on April 8, 2003. Mayor Bromberg stated that the letter from Mr. Aversano states that he is the president of the corporation that manages the company that owns the Port Theater, Council Member Heffernan requested an additional amendment to the ordinance that would require a building that is reconfigured and takes advantage of the landmark designation to utilize a minimum of 70% of the floor area for the principal theater use. City Attorney Burnham stated that the language in Condition No. 1 could be modified to make it clear that the principal use of the landmark building must occupy no less than 70% of the floor area. Mayor Pro Tem Ridgeway stated that the Port Theater owner has Volume 56 - Page 64 City of Newport Beach City Council Minutes March 25, 2003 INDEX proposed to reduce the number of seats in the theater from 900 to 300, but the primary use as a theater would remain. City Attorney Burnham stated that it can be handled by establishing appropriate proportions of the principal and accessory uses, with the principal use at no less than 70% of the floor area. Amended motion by Mayor Pro Tern Ridgeway to introduce Ordinance No. 2003 -4 approving Code Amendment CA 2002 -007, with amendments to Condition No. 4 to change the time of use from 12:00 a.m. to 12:45 a.m., to Condition No. 1 to add the word "ongoing" before "principal use ", to Condition No. 6 to add the word "exterior" before "facade and/or architectural features ", to Condition No. 6 to add the word "substantially" before "the same location ", and to Condition No. 1 to modify the language so that it is clear that the principal use of the landmark building must occupy no less than 70% of the floor area; and pass to second reading on April 8, 2003. Council Member Adams asked what uses the Port Theater could be used for without discretionary approval in the future if the ordinance were not adopted. City Attorney Burnham stated that it would be a use that would be permitted as a matter of right or with a use permit in the commercial district. He added that a permitted use, as a matter of right, would include several options such as retail and office. Council Member Adams stated that this has been overlooked in the discussions and explained that the entitlement is already there for various uses. Council Member Webb asked if the building could be converted to retail or office without providing parking. Assistant City Manager Wood stated that it could, as long as the parking requirement wasn't greater than that of a theater. Council Member Webb confirmed that the building could be converted to an office requiring 299 parking spaces and no additional approval would be needed from the City. Mayor Bromberg stated that there has been great support for the adoption of the ordinance and agreed with the concerns of Council Member Adams. Council Member Heffernan stated that there has been no theater use at the site for a long period of time and asked how the parking requirement could be grandfathered. City Attorney Burnham stated that the property owner would have the ability to establish the nonconforming use and an offstreet parking budget. Council Member Heffernan asked if the owner would have to prove that the building had been used as a theater and is, therefore, entitled to the 300 parking spaces for any use. Assistant City Manager Wood stated that the property owner would have to demonstrate to the City that the theater use has continued. Planning Director Temple stated that in the case of the Port Theater, the grandfathering of the parking is a characteristic of the nonconforming structure and not the use of the structure. The amended motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Mayor Bromberg Volume 56 - Page 65 City of Newport Beach City Council Minutes March 25, 2003 INDEX Noes: None Abstain: Nichols Absent: Proctor 20. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT Res 2003 -19 RENEWAL. Balboa Village BID Associate Planner Trimble reported that the Balboa Village Business (27) Improvement District (BID) has been in operation for approximately seven years and that they are prepared to continue. Mayor Bromberg opened the public hearing. Gay Wassall- Kelly, President of the Balboa Merchants /Owners Association, thanked the City for its continued support of Balboa Village. She stated that the revitalization of the area is well underway and the City's assistance during construction has been appreciated. Ms. Wassall -Kelly acknowledged Peggy Fort, the area's marketing director, for establishing a website the previous year. She stated that the site can be assessed at www.balboanewnortbeach.com. She stated that a color brochure and directory are also being developed. She further acknowledged Scott Palmer for handling the BID's billing, collections and disbursement, and Associate Planner Trimble for keeping the BID informed on City business. Ms. Wassall -Kelly stated that after Phase II of the revitalization is completed, the area will continue with its special events. Mayor Bromberg confirmed that no protests were received. Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2003 -19 confirming the levying of the BID assessment for the 2003 fiscal year since protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor O. CONTINUED BUSINESS 21. REFILLING OF VACANCY ON THE GENERAL PLAN ADVISORY Res 2003 -20 COMMITTEE (GPAC). General Plan Advisory Assistant City Manager Wood reported that the General Plan Update Committee Committee (GPUC) met on March 24, 2003, and recommended that Bill (GPAC) Kelly fill the remaining position on GPAC as a representative of the (24) older commercial areas. She stated that GPUC also recommended that Volume 56 - Page 66 City of Newport Beach City Council Minutes March 25, 2003 the City Council adopt an attendance policy for GPAC. Motion by Council Member Adams to approve GPUC's recommendation of Bill Kelly for the vacancy on GPAC to represent "Older Commercial Areas "; and adopt Resolution No. 2003 -20 adopting an attendance policy for GPAC. Council Member Adams noted that the resolution will establish a policy that the City Council will be informed when a GPAC member misses three or more meetings in a year. He stated that this will provide the opportunity for the City Council to consider replacing the member. Council Member Webb asked if this would include excused absences. Mayor Bromberg stated that the attendance requirement is not a punitive act and would include excused absences. He suggested that could be left to the discretion of the Mayor. Council Member Adams stated that the discretion is already there and that the resolution is only stating that the City Council consider replacing the member. Mayor Bromberg stated that GPAC is setting the direction for the City to the year 2025 and will ultimately bring a recommendation to the City Council for implementation, and it's a necessity that the members attend the meetings. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 22. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) AND THE AVIATION COMMITTEE (contd. from 3/11/03). Council Member Webb requested that any residents of District 3 that are interested in serving on EQAC contact him. Mayor Bromberg stated that EQAC is a 23- member citizens ad hoc committee that meets once a month and is one of the City's most active committees. He suggested that those that would like additional information contact the City Clerk's office. Council Member Adams stated that he has a couple of candidates that he'll be talking with for the vacancy on the Aviation Committee. Council Member Nichols stated that he would like to reappoint Laura Dietz and Cris Trapp, as the at -large member, to EQAC. Volume 56 - Page 67 INDEX EQAC/ Aviation Committee Appointments (24) City of Newport Beach City Council Minutes March 25, 2003 INDEX Council Webb stated that he would like to reappoint Sue Hogan as the alternate to the Aviation Committee. Mayor Bromberg suggested that residents of Districts 1, 3, 4 or 6 who are interested in serving on the Aviation Committee contact the City Clerk's office. He stated that the Aviation Committee meets on an as- needed basis. Motion by Mayor Pro Tern Rideewav to confirm the reappointments of Laura Dietz as the District 6 EQAC member, Cris Trapp as the District 6 at -large EQAC member and Sue Hogan as the District 3 alternate to the Aviation Committee. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:52 p.m. in memory of Mary Everett Burton. The agenda for the Regular Meeting was posted on March 19, 2003, at 2:15 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secre ry r a� ti C ty Clerk' a o H�Q Volume 56 - Page 68