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HomeMy WebLinkAbout10/28/2003 - Regular Meetingi CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 28, 2003 - 7:00 p.m. INDEX - 5:00 p.m. CLOSED SESSION - Cancelled A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Absent: Adams (excused) C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Rosansky E. INVOCATION - Council Member Webb F. PRESENTATIONS Fire Chief Riley stated that the City of Newport Beach, as part of the California Mutual Aid System, has sent resources to some of the fires burning in Southern California. Currently, three four- person fire engine crews and one two - person battalion chief unit are out at three different fires, and are a part of the fifteen strike teams from Orange County. He noted that daily staffing levels are also being maintained within the County. Fire Chief Riley announced that the three main fires still burning are the Old Fire in San Bernardino County, the Cedar Fire in San Diego County and the Simi Fire in Ventura County, and stated that they are continuing to get worse with no projection on when containment will be achieved. Fire Chief Riley reported that City personnel have also inspected and are maintaining surveillance of the wild land areas within the City. Lastly, he expressed his pride in the success of the fuel modification program in the Newport Coast area, and stated that he will now be focusing on improving the conditions in the Buck Gully and Morning Canyon areas. Council Member Heffernan complimented Fire Chief Riley on getting the homeowner associations in the Newport Coast area to cooperate. Council Member Nichols offered to help in any way he could with the Buck Gully and Morning Canyon areas, noting that they are within his district. Mayor Bromberg acknowledged the efforts of the fire department in fighting the Laguna Fire, which occurred in October of 1993. Volume 56 - Page 470 City of Newport Beach Regular Meeting October 28, 2003 INDEX City Manager Bludau announced that City employees are organizing a collection drive to receive items for the victims of the fires. City Attorney Burnham complimented Administrative Assistant Alcarez and Department Assistant Poole in the City Attorney's office for initiating the outreach. Items should be brought to City Hall. 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 Rosansky requested that a report be provided to the City Council regarding the feasibility of a toxic waste program for household items, as well as a large item pickup program. City Manager Bludau stated that the report would be presented at a future Study Session. • Council Member Heffernan referred to a letter from the City of Costa Mesa opposing the City of Newport Beach's annexation of a portion of Santa Ana Heights, and requested that a report be provided to the City Council regarding the current status of the annexation and what the letter from the City of Costa Mesa means. • Council Member Heffernan referred to an OASIS Senior Center's memorandum of understanding, and also asked for an explanation of what it means and what the City's operation of the facility would be. • Council Member Heffernan requested that a report be provided to the City Council on the status of the rewrite of the cable franchise agreements with Cox and Adelphia. City Manager Bludau announced that he and Assistant City Manager Kiff would be meeting with the Costa Mesa City Manager on October 30, 2003, to explore the annexation situation. He stated that he would report back to the City Council, as requested by Council Member Heffernan. Mayor Bromberg announced that Coastal Commission staff has made a recommendation for approval of the Lower Bayview senior housing project, and that the Coastal Commission hearing will take place on November 5, 2003. He stated that the project to be considered will consist of 120 units, an expanded retention basin and two buildings. He stated that the project will still be a good one and that the City may have avoided a prevailing wage situation. 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 Volume 56 - Page 471 City of Newport Beach Regular Meeting October 28, 2003 INDEX in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. Item removed from the Consent Calendar by Council Member Heffernan. MISCELLANEOUS ACTIONS 4. Item removed from the Consent Calendar by Council Member Heffernan. 5. BUDGET AMENDMENT - CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN PROGRAM - FISCAL YEAR 2003/2004. Accept the Office of Traffic Safety Grant and approve a budget amendment (BA -012) of $9,226 for the Police Department in fiscal year 2003/2004, to fund additional seat belt enforcement as a part of the California Seat Belt Compliance Program. S9. Item removed from the Consent Calendar by Council Member Nichols. S10. Item removed from the Consent Calendar by Council Member Nichols. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 4, S9 and S10). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 14, 2003. Regarding the comments he made during Item No. 8 of the regular meeting minutes, Jim Hildreth stated that he also mentioned that the Edison Company was removing liquid out of the vaults, and that this should be included in the minutes. Additionally, he stated that during Item No. 10, the comment made by the City Manager about tree trimming bills was not true. Referring to the comments made by Council Member Heffernan during Public Comments, Mr. Hildreth stated that he appreciates being allowed to speak during Public Comments. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. Volume 56 - Page 472 BA -012 Seat Belt Compliance Campaign (40/70) City of Newport Beach Regular Meeting October 28, 2003 3. rp Mayor Pro Tem Ridgeway noted Mr. Hildreth's disrespect for the community by focusing on minor items dealing with himself, but has the right to speak. Mayor Bromberg again apologized to the citizenry for Mr. Hildreth's actions. The motion carried by the following roll call vote: Ayes: Heffernan, Webb, Nichols, Mayor Bromberg Noes: None Abstain: Rosansky, Ridgeway Absent: Adams CITY COUNCIL SUPPORT FOR REQUIRING VOTER APPROVAL DIVERTING LOCAL REVENUES. A STATEWIDE INITIATIVE PRIOR TO THE STATE Council Member Heffernan expressed his concern for the support by the voters in the State to cut the car tax. He stated that this would hurt cities and not the State, and would result in the City of Newport Beach losing $3 million. Secondly, Council Member Heffernan also expressed his concern for the problem with the amount of the State's money that's being tampered with and stated that the initiative appears to further hamstring the legislative component of the State. City Manager Bludau stated that the initiative is telling the State to leave city and county revenues alone, and to not use the money for State purposes. Mayor Bromberg noted that if the Vehicle License Fee (VLF) is cut back, the State intends to continue to backfill the money that is owed to the cities. He confirmed with the City Manager that the City has budgeted for the loss of the VLF. Council Member Heffernan further confirmed that the initiative is requiring voter approval of future action by the State to take revenues from the cities. Motion by Mayor Pro Tern RidLeway to adopt Resolution No. 2003 -53 supporting a statewide ballot initiative to require voter approval before state government may take local revenue. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams REVISIONS TO THE CITY COUNCIL POLICY MANUAL, H -1, Volume 56 - Page 473 INDEX Res 2003 -53 State Ballot Initiative Support (40/48) Council Policy H -1 City of Newport Beach Regular Meeting October 28, 2003 HARBOR PERMIT POLICIES, SECTIONS, `BALBOA ISLAND" AND "MOORINGS ". Assistant City Manager Kiff stated that the revisions are at the recommendation of the Harbor Commission, and noted that the same issues were also discussed by the Harbor Committee prior to the establishment of the Harbor Commission. Assistant City Manager Kiff stated that the issues are primarily associated with Balboa Island and, referring to the staff report, he highlighted the three main changes. He stated that the change to the moorings is to insure that there is adequate navigation. The second change more clearly states an existing policy regarding new residential piers, and the third change adds a noticing requirement for pier remodels. Referring to the moorings, Council Member Heffernan asked if the distance that a boat can extend into the channel is also limited by the width of the beam of the boat. Harbor Resources Manager Rossmiller answered in the affirmative. Council Member Heffernan suggested that the policy be revised to limit the extension of a boat to the width of the beam of the boat or to more than 15 feet bayward, whichever is less. He asked if the Harbor Commission addressed the issue. City Attorney Burnham stated that he didn't think the Harbor Commission had considered the additional language, or the possibility of side ties. He agreed that it seemed reasonable. Mayor Pro Tem Ridgeway stated that side ties exist in the channel, but that he doesn't have a problem with adding the language. He stated that the waterway should possibly be more than 70 feet wide by moving the mooring line out, and asked if this would prompt a reconsideration of the 15 -foot requirement. Mayor Pro Tem Ridgeway agreed with the recommended language. Council Member Webb stated that the policy in the past has not allowed a boat to extend beyond the end of the pierhead line, or farther than the width of the beam. Mayor Bromberg stated that the ordinance to limit the size of a boat that can be berthed on Balboa Island came about a couple of years ago due to a particular boat. He stated that the Harbor Committee and Harbor Commission have done a fantastic job at developing a policy. He also agreed with Council Member Heffernan's suggested language. Motion by Council Member Heffernan to amend Council Policy H -1 as recommended and to add "or the width of the beam, whichever length is less" to the end of paragraph B under Moorings. Jim Hildreth stated that the item has nothing to do with the Grand Canal because the Grand Canal is not bayward. Mayor Bromberg requested that Mr. Hildreth direct his comments to the issue before the City Council. Mr. Hildreth stated that other locations, side ties and shore moorings on Balboa Island should also be considered Volume 56 - Page 474 INDEX (69) Permits City of Newport Beach Regular Meeting October 28, 2003 in the policy. Dolores Otting asked if the revision suggested by Council Member Heffernan is substantive and would require additional review. City Attorney Burnham stated that there is no requirement for the item to return to the Harbor Commission. Mayor Bromberg acknowledged the efforts of the Harbor Commission and the Harbor Committee. Additionally, he noted that since 1964, only two new piers have been added to Balboa Island. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams S9. TABAK RESIDENCE, 3431 OCEAN BOULEVARD, VARIANCE NO. 2003 -005 AND AMENDMENT TO MODIFICATION PERMIT NO. 2002 -049 (PA2003 -180). Council Member Nichols stated that he doesn't have a problem with the item being continued, and asked that information on the size of retaining walls be provided. Motion by Mayor Pro Tern Rid¢ewav to continue the item to November 12, 2003. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams S10. INITIATION OF A CODE AMENDMENT TO TITLE 20 OF THE MUNICIPAL CODE TO ADD A SPECIFIC HEIGHT LIMITATION FOR LANDMARK BUILDINGS. Council Member Nichols stated that he didn't know why the issue was being addressed and that it appears that the requirement that a landmark building be used in the same general context as it was is being lost. Council Member Heffernan asked for a simple explanation of the action. Assistant City Manager Wood stated that the item is only dealing with the height restrictions of the buildings, and that the City Council already made a decision on the use of the buildings. Council Member Heffernan asked why the height issue wasn't addressed at the same time. Assistant Volume 56 - Page 475 of ij-JT3q Tabak Residence/ 3431 Ocean Blvd. (68) Res 2003 -54 NBMC Title 20/ Landmark Buildings (68) 1 City of Newport Beach Regular Meeting October 28, 2003 City Manager Wood stated that since then, it has been found that the buildings are having trouble meeting other Federal and State requirements. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2003 -54 initiating an amendment to Title 20 of the municipal code. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Webb, Mayor Bromberg Noes: Nichols Abstain: None Absent: Adams K. PUBLIC COMMENTS Mayor Bromberg requested that an announcement be added to the City Council meeting procedures to remind attendees at the beginning of each meeting to turn off their cell phones and pagers, or put them on silent. Jim Hildreth stated that he is not a threat to the City Council or the City, and that he does not attend City Council meetings for the attention. He stated that he is present to seek access to a location which he should have, and stated that former City employee Tony Melum lied by stating that, prior to 1994, the location was not classified as a pier permitted location. Council Member Heffernan stated that Mr. Hildreth's comments are non- privileged and he could be sued for slander. He asked Mr. Hildreth if he knew what he was saying when he calls someone a liar. Mr. Hildreth stated that he has documentation to prove it. Council Member Heffernan reminded Mr. Hildreth that he has to bear the consequences of what he says. Mr. Hildreth stated that he has asked the City Council to look into the matter, documents have been hidden from him and he has been stonewalled in trying to find the evidence. Mayor Bromberg stated that Mr. Hildreth should be ashamed of himself, that he attends every City Council meeting and has been told repeatedly that there are no records. Mayor Bromberg stated that Mr. Hildreth has taken his comments to a lower level by slandering good people. Michael Bacus corrected the minutes of October 14, 2003, by stating that the address of the Narc -anon business is 1810 West Oceanfront and 1811 West Balboa Boulevard, not 1812 West Balboa Boulevard, and the business license number begins with a 'B ", not a "V". Mr. Bacus stated that the large residential treatment facility for drug and alcohol abusers brings a lot of activity with it, and noted that the other day he discovered that they were kicking some of the people out, which he found out later was due to an unannounced raid by the State to check their occupancy. He stated that the facility is certified for 27 people on their certificate of occupancy, but the State shows them licensed for 32 people. Mr. Bacus stated that by forcing them to apply for a new certificate of occupancy, Volume 56 - Page 476 INDEX City of Newport Beach Regular Meeting October 28, 2003 INDEX the City could shut the business down. City Manager Bludau stated that staff is looking into the situation and should have a report for the City Council on November 12, 2003. City Attorney Burnham stated that the report will most likely recommend an initiation of an amendment to the zoning ordinance. Mayor Pro Tem Ridgeway stated that the intent of the City will be to limit the occupancy to 12. Council Member Nichols began asking how the business's facilities are situated. Mayor Bromberg cautioned the council members that since the item is not agendized and could come before the City Council in the future for action, it shouldn't be discussed at the current meeting. Dr. Linda Orozco stated that she also has concerns about the Narc -anon business, and noted that many of the people are convicted drug addicts and pushers, and are court- ordered to be at the facility. She stated that the only access to the property is from an alley. Dr. Orozco stated that although the business is State regulated, the City still has authority over the zoning. She noted that recently she submitted a complaint to the fire marshal and within four hours, the State performed an unannounced raid of the site. As mentioned earlier by Mr. Bacus, Dr. Orozco wanted to know how the facility personnel knew of the raid prior to it happening. Dr. Orozco stated that the business has expanded beyond its nonconforming use and the City should require that they apply for a new zoning permit. Mayor Bromberg assured the speakers that their comments are being taken seriously and the City is looking into the matter. Mayor Pro Tem Ridgeway also confirmed that the City is moving forward as quickly as possible with an ordinance. Dolores Otting asked if there was a meeting scheduled for October 29, 2003, with Sutherland - Talla. Assistant City Manager Wood announced that a scoping session to discuss the contents of the Environmental Impact Report (EIR) is scheduled for 7:00 p.m. in the Council Chambers. Additionally, Ms. Otting expressed her understanding of the frustration regarding the Narc -anon business, because she is experiencing the same situation with a facility that is State licensed and resides within the City. Ms. Otting stated that she missed speaking on Item No. 3 earlier in the meeting and began to proceed with her comments. City Attorney Burnham reminded Ms. Otting that Public Comments are for non - agenda items only. Laura Dietz stated that the City should have a general City -wide siren that could be used to warn the public, in the event of a local emergency. She stated that the City of Laguna Beach has one and suggested that Newport Beach also look into it. Volume 56 - Page 477 City of Newport Beach Regular Meeting October 28, 2003 INDEX Madelene Arakelian stated that the residents on the ocean side of the peninsula are encroaching onto public property. She asked if they were being taxed. City Attorney Burnham stated that the City does have an oceanfront encroachment policy, but that actual property tax is not collected. Ms. Arakelian suggested that the City pursue the possibility of receiving revenue from the encroachments. City Attorney Burnham suggested that Ms. Arakelian provide the City with the addresses of those encroaching. Mayor Pro Tem Ridgeway stated that he's seen some irrigation systems. Ms. Arakelian stated that there is also landscaping and lawns on public property. Referring to his comments earlier to Mr. Hildreth, Council Member Heffernan stated that he has been informed by the City Attorney that speakers' comments are privileged. City Attorney Burnham added that testimony taken during any kind of formal proceeding is privileged. Council Member Heffernan apologized to Mr. Hildreth. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg reported that a meeting had not been held since the last report. He added, however, that there are four vacancies on the General Plan Advisory Committee (GPAC) and requested that the GPUC members submit recommendations to Assistant City Manager Wood. Status report - Local Coastal Program (LCP) Certification Committee. Mayor Pro Tem Ridgeway reported that the LCP Committee met earlier in the day. He stated that they incorporated comments from Coastal Commission staff into the LCP document, and that a draft should be available soon for review. Status report - Newport Coast Advisory Committee (NCAC). Council Member Heffernan announced that the NCAC will meet on November 3, 2003, at 5:30 p.m. at Newport Coast Elementary School. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb announced that the committee met on October 22, 2003, and potentially solved the issues associated with the various types of book collections, and what would be available on the school side of the library and the public side during the school day. He stated that the ultimate goal is to have the library completed by the Summer of 2005. Mayor Pro Tem Ridgeway complimented the City's Librarian and the Newport - Mesa Unified School District for discussing the operations of the library with the parents and working on a compromise. Status report - Other Committee Activities. Council Member Nichols announced that the Environmental Quality Affairs Citizens Advisory Committee (EQAC) has some openings. Assistant City Manager Wood reported that there are two vacancies. Both are at -large appointments, with one needed from Volume 56 - Page 478 City of Newport Beach Regular Meeting October 28, 2003 District 1 and the other from District 6. Council Member Nichols stated that there are some large projects coming up and that the committee serves an important function. Mayor Bromberg requested that at the City Council meeting of November 12, 2003, an item be placed on the Consent Calendar for his appointment of Council Member Rosansky to serve on all of the committees that former Council Member Proctor served on. He stated that this would be with the exception of the Airport Issues Committee, which he had already appointed himself to. He also stated that Council Member Rosansky could begin attending any of the meetings prior to the 12th. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 6. PLANNING COMMISSION AGENDA FOR OCTOBER 23, 2003. Assistant City Manager Wood reported that the Planning Commission dealt with two interesting items at their meeting. The first item involved an office development at Birch Bayview Plaza II in the newly annexed Santa Ana Heights area. She stated that this was the first project handled by the Planning Commission using the Santa Ana Heights Speck Plan. She reported that the project was approved. Assistant City Manager Wood stated that the second item involved a demolition and replacement of the service station at 301 East Coast Highway. She stated that this was the first time the Planning Commission reviewed a project using the City's service station standards. She stated that the item was continued to December 4, 2003. Mayor Pro Tem Ridgeway asked if design review was considered when discussing the service station, and Assistant City Manager Wood responded in the affirmative and stated that the Planning Commission covered it in detail. N. CONTINUED BUSINESS VESSEL BERTHING AND THE UNIFORM FIRE CODE; CONTRACT AWARD AND BUDGET AMENDMENT FOR COMMERCIAL DOCK STANDARDS PROJECT. Assistant City Manager Kiff stated that an action plan has been recommended by the Harbor Commission to deal with the excessive amount of violations of the Fire Code in the harbor. He stated that they primarily involve boats rafted to others, and boats that can't be moved from a dock area without moving another boat. He highlighted the key elements of the action plan and stated that the goal is to bring all of the commercial facilities into compliance within one year. Assistant City Manager Kiff stated that staff is recommending that the City Council approve the action plan and authorize the City Manager to enter into a contract that will allow the City to expedite a review of the standards for commercial docks. Volume 56 - Page 479 INDEX Planning Commission (68) C -3671 BA -013 Vessel Berthing/ Uniform Fire Code (38/40/41) City of Newport Beach Regular Meeting October 28, 2003 INDEX Mayor Bromberg stated that he's heard concerns about the rules being applied the same for everybody with no deviation. He asked if special circumstances would apply to such businesses as the boat rental companies. Fire Chief Riley stated that boat rentals provide an example of when special circumstances might be considered. He stated that the goal is to maintain a safe harbor environment as it pertains to fire issues, but by applying the Fire Code in a practical manner. Fire Chief Riley stated that creative ways can be found to comply with the Fire Code, while decreasing the impact on the businesses. Mayor Bromberg reiterated that the City is committed to working with the businesses, but without compromising safety. Fire Chief Riley added that it is in the fire department's best interest to have the success of the businesses continue. Mayor Pro Tem Ridgeway stated that the boat rental companies might have to consider dock reconfigurations to allow the boats to be docked with the bow in. Fire Chief Riley stated that staff will be going out to each of the permittees and working with them on solutions for their particular problems. Secondly, Mayor Pro Tem Ridgeway referred to a letter he received regarding regattas, and stated that Newport Harbor is a major center for sailboat racing. He stated that he'd like to see creative solutions also worked on for the sailboat regattas since they are such an important part of the economy. Lastly, Mayor Pro Tem Ridgeway hoped that there would also be a way to work with the yacht brokers. Fire Chief Riley stated that regattas and boat shows can be handled through the City's special event process, which has worked well in dealing with temporary activities. He stated that working with the yacht brokers will be challenging because they have large boats and need to have them accessible to try to enhance sales. Mayor Bromberg encouraged staff to also work with the yacht clubs and the marine division of the Newport Beach Chamber of Commerce. Noting that the Sheriffs Department operates the fire boats and the City's fire department operates the fire trucks, Council Member Heffernan asked if the City should also consider operating the boats. Fire Chief Riley stated that there is more involved than just switching over the operation. He added that the City does have the jurisdiction over the boats that are tied to something that's tied to the shore and they will continue to work with the Harbor Patrol as it relates to fire protection. City Attorney Burnham stated that the discussion is going outside of the boundaries of the agenda item. Council Member Heffernan stated that if fire fighting takes place from the water, the City Council needs more information to make a decision on some far ranging regulations that will be punitive. Fire Chief Riley stated that the City's enforcement of the Fire Code and the docking provisions are based on the assumption that the City is fighting the fire from land. The Harbor Patrol's role is to fight marine - related fires that are out in the water. Council Member Webb stated that another activity that the yacht clubs have that should be considered are their opening day events. Norm Rust, Lido Sailing Club, stated that he's not a yacht club or a boat Volume 56 - Page 480 City of Newport Beach Regular Meeting October 28, 2003 INDEX broker, but he does provide access to the water and has a density that is higher than is allowed. He stated that he would hope that his operation would be given special consideration because it is manned seven days a week and fighting a fire at the location would be simple. Mr. Rust noted that his company provides a nice service to a lot of visitors to the area, and that he's naturally very interested in fire safety. Mr. Rust stated that he wants to work with the City. He additionally pointed out that he has been held to a statute that requires him to have 25 parking spaces for his 25 boats, although he has more recently learned that he might only need 11 spaces. He stated that he has lost potential revenue that could have been earned by utilizing the space in a different way. In closing, Mr. Rust stated that he is prepared to work with the City, but hopes that his situation will be given special consideration. Mayor Pro Tem Ridgeway stated that Mr. Rust might consider changing his dock configuration so that the boats can be docked straight in. Mr. Rust stated that it has been determined that he does have a good dock design. He further noted that his operation currently has only 17 boats. Ted Robinson, Larson Shipyard, stated that the requirement that prohibits the stacking of boats could be a problem for his operation and thought that special consideration might be warranted. Mr. Robinson explained that the dock configuration was based on the City standards, at the time, and the operation of his shipyard requires stacking and side ties when boats are being moved around. In regard to the brokerage side of the business, boats need to be on display. He also referenced the boats that are stored in structures and can't be moved at all, and boats that are docked next to buildings. He stated that the regulations maybe don't cover every situation, and he provided additional examples. Mayor Bromberg thanked Mr. Robinson for his comments and stated that the City will look at each circumstance. Mayor Pro Tem Ridgeway announced that he would be recusing himself from voting on the item because he just discovered that he owns one of the properties that may have a commercial permit. He left the Council Chambers for the remainder of the discussion on the item. Gary Crane, Duffy Boats, stated that he has always been concerned about safety and is willing to work with the City on the fire safety issues. He stated, however, that the requirements will be a burden and expressed his concern for the whole industry. He stated that he hopes that Duffy Boats will qualify for the special circumstances, and explained that he didn't know if they could continue their operation if their fleet was cut in half or they weren't allowed to use side ties when moving boats around. He stated that their staff is capable of handling the situations that might arise and that he hasn't seen the potential for fire danger that's been reported. Mr. Crane stated that his business brings revenue and tourism to the City, and provides access to the harbor. Gordon Barienbrock stated that he is against the strict enforcement of Volume 56 - Page 481 City of Newport Beach Regular Meeting October 28, 2003 the provisions of the Fire Code because he doesn't feel that they would significantly reduce the risk or damage of a fire, but knows that they would have a serious adverse affect on the boat industry. Mr. Barienbrock stated that Newport has not had a £u•e and the examples that were cited from around the country were not the result of noncompliance. He stated that the docks in Newport Harbor comprise fairly small marinas with new boats. He noted boats and motor homes in dry storage that can't be moved. Mr. Barienbrock stated that berthed boats, even if they're rafted, can be moved, but the Fire Code shouldn't make it a requirement. Lastly, he addressed the boat dealers and stated that they need the boats close to their offices, but often can't plan on how many boats will be in their inventory. Mayor Bromberg stated that he's encouraged by the strong sense of cooperation by the vendors. He stated that it is as important to the City as it is to the business owners to see the action plan implemented. Motion by Mayor Brombere to 1) approve the Action Plan recommended by the Newport Beach Harbor Commission; 2) authorize the City Manager to enter into a $46,000 professional services agreement with Cash and Associates to review Newport Harbor's existing commercial and residential dock standards and to update same; and 3) approve a budget amendment (BA -013) adding $46,000 to the City Manager's 0310 -8080 Account (Professional and Technical Services). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Mayor Bromberg Noes: None Abstain: Ridgeway, Nichols Absent: Adams O. CURRENT BUSINESS 8. UNSCHEDULED VACANCY ON THE PARKS, BEACHES & RECREATION COMMISSION. Mayor Bromberg appointed Council Members Webb and Rosansky, and Mayor Pro Tem Ridgeway to the Ad -Hoc Appointments Committee. Motion by Council Member Webb to 1) declare a vacancy on the Parks, Beaches & Recreation Commission due to the appointment of Steven Rosansky to the District 2 City Council position; 2) confirm the Mayor's appointment of Council Members Webb and Rosansky, and Mayor Pro Tom Ridgeway to serve on the Ad -Hoc Appointments Committee; and 3) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, November 13, 2003, and schedule the submission of the nominations to the Council on November 25, 2003 with the final appointment to be made on December 9, 2003. The motion carried by the following roll call vote: Volume 56 - Page 482 INDEX Parks, Beaches & Recreation Commission Unscheduled Vacancy (24) City of Newport Beach Regular Meeting October 28, 2003 Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams S11. DRAFT POSITION FOR FUTURE CITY COUNCIL POLICY REGARDING SANTA ANA RIVER CROSSINGS (SARX). Mayor Bromberg stated that an extensive discussion regarding this item occurred at the Study Session on October 14, 2003. City Manager Bludau stated that as the City Manager, he has been attending meetings held by the Orange County Transportation Authority (OCTA) over the past four years. He stated that the city managers from Newport Beach, Fountain Valley, Costa Mesa and Huntington Beach have attempted to reach agreement on whether the bridges should be built or if they should be removed from the OCTA transportation plan. He stated that it's been a frustrating experience and he doesn't see how progress can be made by continuing to conduct the same type of meetings. He suggested that it might be beneficial to have the parties discuss how traffic can be moved in the region, and felt that the guiding principles outlined in the staff report might be helpful. Mayor Pro Tem Ridgeway stated that he supports the recommended action. He added, however, that the approach to the issue needs to move from the staff level to a policy level, and suggested that a City Council committee be formed to meet with the policymakers in the other jurisdictions. He stated that if the policy level doesn't work, the City will need to make a decision about possibly filing a lawsuit. Mayor Pro Tem Ridgeway stated that Huntington Beach is keeping the 19th Street bridge concept alive so that they can continue to receive Measure M funding and OCTA support for their infrastructure. Mayor Bromberg agreed with the idea of forming a City Council committee. City Attorney Burnham stated that the formation of the committee should be agendized for a future City Council meeting, with a resolution clearly defining the committee's duties and responsibilities. Mayor Bromberg confirmed that it could be handled as action separate from the recommended action at the current meeting. He requested that it be agendized as a Consent Calendar item for the meeting of November 12, 2003, and that he would like to appoint Council Member Rosansky and Mayor Pro Tem Ridgeway to serve on the committee. Council Member Webb offered his assistance. Mayor Bromberg agreed that it could be a committee of three council members. He requested that Council Member Webb be included in the appointment to serve on the committee. Council Member Nichols stated that a bridge is needed, and another Volume 56 - Page 483 INDEX Santa Ana River Crossing (SARX) (61) City of Newport Beach Regular Meeting October 28, 2003 INDEX possibility might be to work with the sewage disposal districts to accomplish a connection to Brookhurst Street without using 19th Street. Assistant City Manager Wood noted that the letter received from the Environmental Quality Affairs Citizens Advisory Committee (EQAC) was incorrectly dated. It should have been dated July 21, 2001. Robert Hawkins, EQAC Chairman, stated that EQAC is a diverse group of 21 volunteers. He stated that some projects have shown the diversity of the group, but with the 19th Street bridge project, there has been virtual unanimity. He stated that the river crossing is an important regional transportation issue, and EQAC feels that the regional problem is being thrust upon the City of Newport Beach. He stated that Coast Highway cannot be enlarged without limit, and that the surrounding communities need to help bear the transportation burdens. He agreed with the recommended action. Motion by Mayor Pro Tern Ridgeway to approve the following recommendations with respect to recent efforts to delete the Garfield Avenue /Gisler Avenue and Banning Avenue /19th Street Santa Ana River crossings (SARX) from the Orange County Master Plan of Arterial Highways (MPAH): 1) reiterate and convey the City's opposition to removing the Santa Ana River crossings from the MPAH unless a reasonable and practical alternative can be established that is fair and balanced for all jurisdictions; 2) request that the Orange County Transportation Authority (OCTA) Board of Directors not certify the SARX EIR, as it does not adequately address impacts to the City of Newport Beach, recent regional land use and development actions, and a fair distribution of regional transportation responsibilities; 3) support the City of Fountain Valley in its request to proceed with the preliminary design and environmental study for the Garfield Avenue /Gisler Avenue Bridge over the Santa Ana River. Should this environmental study show the Bridge is feasible and no fatal flaws are identified, the City of Newport Beach may well want to have the same process followed for the 19th Street Bridge; 4) request OCTA revisit the SARX Environmental Impact Report (EIR) to consider impacts if Banning Ranch and its subsequent arterial roadways are not constructed; 5) request OCTA staff investigate additional alternative alignments or mitigations such as "smart street" improvements to existing SARX corridors; and 6) encourage participating jurisdictions not to assume the bridge crossings as a part of the MPAH when considering long term planning, land use, and development decisions. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Adams P. MOTION FOR RECONSIDERATION — None Volume 56 - Page 484 City of Newport Beach Regular Meeting October 28, 2003 Q. ADJOURNMENT - 9:30 p.m. to the 4:00 p.m November 12, 2003, Study Session and the 7:00 p.m. November 12, 2003, Regular Meeting. x * * *rk *�etste� *xteier The agenda for the Regular Meeting was posted on October 22, 2003, at 2:40 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 October 24, 2003, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secre ary Volume 56 - Page 485 INDEX