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HomeMy WebLinkAbout02/08/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 8, 2005 - 7:00 p.m. STUDY SESSION - 4:30 p.m. INDEX CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Daigle E. INVOCATIOhT - Pastor Chris Lagerlof, Mariners Church F. PRESE:NTATIOINS Presentation by the Corona del Mar High School Tsunami Relief Fund Committee. Zan Marigoles stated that a coalition of student leaders at Corona del Mar High School are coordinating a tsunami relief benefit that will be held on March 6, 2005, from 1:00 p.m. to 4:00 p.m. at Corona del Mar High School. Ryan Ratfield announced that they are seeking the support of high school bands and are also in need of a public address system. Amanda Knuppel noted that funds will be received through the sale of tickets for the event, as well as the sale of tsunami relief wristbands that are for available for purchase. Ms. Marigoles stated that anyone interested in helping with the event or providing funds can contact Denise Weiland. Corona del Mar High School Community Services Director, at 949 -515 -6000. Checks should be made out to the Associated Student Body (ASB) of Corona del Mar High School and a notation made that the donation is for the tsunami relief fund. Presentation by the American Cancer Society Relay for Life. Anna Lisa Biason, Chair of the Newport Beach Relay for Life, introduced David Schapira, American Cancer Society staff partner, and acknowledged Mayor Bromberg and City Manager Bludau who are serving on the Newport Beach Relay for Life committee. Mr. Schapira stated that the money that is raised at the Relay for Life event will be used for the society's four major components, which are research, education, advocacy and service. He stated that information about the American Cancer Society can be obtained on their website at NvwNN.,,cance.or or by calling 800-ACS-2345. Information on the 'Newport Beach Relay for Life can be obtained at Hww acsevenY orffhel v /ca /nc«portbeach. Ms. Biason announced that this Volume 57 - Page 63 City of Newport Beach City Council Minutes February 8, 2005 INDEX year's event will be held from 6:00 p.m. on May 13th to 6:00 p.m. on May 14th. A kickoff rally will take place on February 27, 2005, from 3:00 p.m. to 5:00 p.m. at the Newport Rib Company in Costa ?\4esa, and a fundraising event, entitled Cruise for a Cure, will take place on the yacht Endeouor on March 6, 2005, from 2:00 p.m. to 5:00 p.m. Additional information on both events can be obtained by contacting Mr. Schapira at 949 -567 -0635. 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 ITEMI: • Mayor Bromberg announced that the 16t Battalion, 15t Marines are on their way to Iraq. The wives and families are going to have an Easter egg hunt at Camp Pendleton and are looking for gift certificates to raffle off at the event. Mayor Bromberg stated that anyone that would like to provide a gift certificate or a check can send it to him at City Hall and he will deliver it as a part of the Newport Beach 1/1 Marine Adoption. I. 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. CONTRACTS AND AGREEMENTS 3. LEASE AGREEMENT FOR MANAGEMENT OF BEACON BAY C -3751 COMMON AREAS WITH BEACON BAY COMMUNITY Beacon Bay ASSOCIATION. Approve the lease agreement. (38/100 -2005) 4. PURCHASE OF 2005 JUNIOR LIFEGUARD PROGRAM C -3752 UNIFORMS. Award the 2005 City of Newport Beach Junior Lifeguard Junior Lifeguard Program uniform contract to Generic Youth for the total cost of Uniforms $141,432.65 (including tax). (38/100 -2005) 5. AWARD OF BALBOA VILLAGE STEAM CLEANING CONTRACT. C -3753 Approve a five year maintenance contract with RecoverX Industries to Balboa Village provide steam cleaning services in the Balboa Village area at an annual Steam Cleaning cost of up to $136,203. (38/100 -2005) 6. CITYWIDE TOPOGRAPHY - APPROVAL OF PROFESSIONAL C -3754 SERVICES AGREEMENT WITH MERRICK & COMPANY. Item Topography continued. (38/100 -2005) 7. Item removed from the Consent Calendar by a member of the audience. Volume 57 - Page 64 City of Newport Beach City Council Minutes February 8, 2005 J INDEX 8. Item removed from the Consent Calendar by Council Member Nichols. 9. APPROVAL OF CONTRACT V171TH COMPUTER DEDUCTIONS, C- 3692(A) INC. FOR THE ORANGE COUNTY INTEGRATED LAW AND Orange County JUSTICE PROJECT. 1) Approve the contract with Computer Integrated Law Deductions Incorporated (CDI) in the amount of $54,236 from COPS and Justice Technology 2002 Grant Account #7017- C1820747 to improve and enhance Project the Orange County Integrated Law and Justice (OCILJ) Automated (38/100 -2005) Subpoena Processing Application; and 2) authorize the City Manager to sign the contract with CDI. 10. APPROVAL OF CONTRACT WITH DELOITTE CONSULTING FOR C- 3692(B) THE ORANGE COUNTY INTEGRATED LA«' AND JUSTICE Orange County PROJECT. 1) Approve the contract with Deloitte Consulting in the Integrated Law amount of $220;000 from the ILJ UASI Grant Funds Account #7017- and Justice C1820802 for implementation services in connection with the Orange Project County Integrated Law and Justice (OCILJ) Records Management /Case (38/100 -2005) Management data - sharing project previously approved by Council on January I1, 2005; and 2) authorize the City Manager to sign the contract with Deloitte Consulting. MISCELLANEOUS ACTIONS 11. APPOINTMENT OF COUNCIL MEMBER DAIGLE AS THE (100 -2005) ALTERNATE MEMBER ON THE ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) AND THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SLAG). Confirm the appointment of Council Member Leslie Daigle as the alternate member on the Orange County Council of Governments (OCCOG) and the Southern California Association of Governments (SCAG). 12. Item removed from the Consent Calendar by Council Member Nichols. Motion by Mavor Pro Tern Webb to approve the Consent Calendar, except for those items removed (1, 7, 8 and 12); and noting the continuation of Item No. 6. The motion carried by the following roll call vote: Elves: Heffernan, Rosansky, Webb, Ridgeway, Daigle. Nichols, Mayor Bromberg '_goes: None Abstain: None Absent: None PUBLIC HEARINGS 13. MEDICAL AND DENTAL OFFICE PARKING - CODE (100 -2005) AMENDMENT NO. 2004 -001 (PA2004 -007) - CODE AMENDMENT TO INCREASE THE NUMBER OF PARKING SPACES REQUIRED FOR MEDICAL AND DENTAL OFFICE USES FROM 1 PER EACH Volume 57 - Page 65 City of Newport Beach City Council Minutes February S, 2005 INDEX 250 CROSS SQUARE FEET TO 1 PER EA(H 200 GROSS SQUARE FEET (contd. from 1/25/05). Planning Director Temple stated that the Planning Commission reviewed the City's medical and dental office parking requirements and are recommending that the rate be increased from four spaces per 1,000 square feet to five spaces per 1,000 square feet. She added that staff is making a second recommendation to allow projects that are currently in plan check to proceed under the old rules, as well as any discretionary applications received and deemed complete prior to the adoption of the ordinance. This second recommendation is included in the staff report as Alternate B. In response to Mayor Bromberg's question, Planning Director Temple stated that there is one such project in the Santa Ana Heights area. In response to Council Member Nichols' question, Planning Director Temple stated that the current parking requirement is one parking space for every 250 square feet of gross floor area or four per 1,000 square feet. Referring to the staff report, Council Member Heffernan asked how the project that is in process and is "struggling to meet the current 1/250 parking requirement" will be able to meet the City's requirements. Planning Director Temple stated that they are looking at a variety of approaches. In response to Council Member Heffernan's additional question, Planning Director Temple stated that the current requirement for general office is four per 1,000 net floor area and for medical is four per 1,000 gross floor area. Council Member Daigle asked how long the existing standards have been in place. Planning Director Temple stated that the commercial parking requirements were first enacted in the late 194Us, and she was unaware of any amendments. Council Member Nichols asked how gross and net generally correspond. Planning Director Temple stated that it varies from project to project, but is usually a five to ten percent differential. Mayor Bromberg opened the public hearing. Carol Hoffman, Government Solutions, expressed her support for the proposed ordinance and, specifically, Alternate B. She stated that, overall, the City is headed in the right direction and that Alternate B is equitable. Hearing no further testimony, Mayor Bromberg closed the public hearing. Council Member Daigle expressed her support for Alternate B, but stated that the project in process should be required to comply with the existing requirements. Motion by Council Member Daigle to introduce Ordinance No. 2005 -1 (Alternate B) amending the medical and dental office parking requirement and pass to second reading on February 22, 2005. Volume 57 - Page 66 City of Newport Beach City Council Minutes February 8, 2005 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 14. CIRCLE RESIDENCE - 3415 OCEAN BOULEVARD - VARIANCE NO. 2003 -001 AND MODIFICATION PERMIT NO. 2003 -004 (PA2003 -006). Associate Planner Ramirez stated that the proposed amendment is to a previously- approved, and still valid, variance to exceed the height limit and a modification permit for a subterranean portion of the proposed residence to encroach ten feet into the ten -foot front yard setback. The existing approval allows for a four- level, 6,100- square foot residence with a roof deck that exceeds the height limit on the bluff side and portions of three subterranean floors that encroach ten feet into the ten -foot front yard setback. The applicant's proposal is for a three - level, 4,873 - square foot residence with no roof deck, also exceeding the height limit on the bluff side of the property. The application also requests approval for a portion of one floor to encroach ten feet into the required ten -foot front yard setback. Associate Planner Ramirez stated that both the existing approval and the proposed plan do not exceed the Ocean Boulevard top of curb height limit. The Planning Commission reviewed the project and believed that the findings for approval could be made, and approved the project as requested with two modifications. These modifications included that the depth of the first floor deck, which is within the height limit, had to be reduced by two feet and the depth of the second floor deck, which exceeds the height limit, had to be reduced by four feet. In regard to the stringline concept, Associate Planner Ramirez clarified that the City currently does not have any regulations that limit development based on structure location of adjoining properties. The Coastal Commission has been known to use the stringline concept as an analytical tool, but they also do not have any written regulations, guidelines or policies on the concept. Mayor Bromberg confirmed with Associate Planner Ramirez that the application involves a height variance and that the City does have a policy addressing height variances. Additionally, Mayor Bromberg confirmed that the residence neat door, the Halfacre residence, also had a variance approved for height. Mayor Bromberg asked how the Circle application comports with the proposed Local Coastal Plan (LCP) provision that has been submitted to the Coastal Commission for review. Planning Director Temple stated that the City has a tentative policy addressing development on bluffs and the terminology refers to a limitation based on the predominant line of development. She stated that staff is considering several alternatives but currently, the language is relatively vague and there is no precise implementation proposal. Council Member Nichols stated that if the City's proposal before the Volume 57 - Page 67 IAIOW (100 -2005) City of Newport Beach City Council Minutes February 8, 2005 INDEX Coastal Commission is to tollow the stringline concept, the City should be adhering to the policy in the interim, as a show of good faith. Planning Director Temple stated that the City does not use the term "stringline ". Council Member Nichols stated that whether it is called stringline or not, it has been the determining factor on bluff development. Referring to the drawings in the staff report, Mayor Pro Tem Webb stated that it appears that the Tabak residence is above the 24 -foot height limit. He asked if it required a variance. Planning Director Temple confirmed that other residences on Ocean Boulevard, including the Halfacre .residence, have had variances approved for height. Planning Director Temple added that variances have also been approved for development above the Ocean Boulevard top of curb height limit. Associate Planner Ramirez displayed several photos from various angles of the Circle residence and the surrounding residences. Assistant City Manager Wood noted that the photos are of the existing homes, and not what have been approved for Tabak or Halfacre. In response to Council Member Nichols' question, Associate Planner Ramirez stated that, without the decks, the proposed Circle residence would line up fairly well with the existing homes. Council Member Daigle asked what staffs perspective is on the proposed development and how it differs from the existing variance. Associate Planner Ramirez displayed the proposed plans and noted various features. He stated the line of sight from Ocean Boulevard would be similar for both plans, but that the existing plans include a rooftop deck and the features on it could possibly cause distractions. Associate Planner Ramirez displayed a photo with a line added to it that represented the furthest extent of the applicant's deck, as originally submitted. Council Member Heffernan referred to the aerial photos of the residences shown earlier and confirmed that the proposed development would extend out nine feet beyond current development. He stated that there are no rules and asked what the Planning Commission used. Associate Planner Ramirez stated that the Planning Commission used the current development regulations and the required findings for a variance, as well as their discretion when looking at the project as a whole. Council Member Heffernan expressed his dissatisfaction that there are no rules. Mayor Bromberg asked if the City Council upheld the decision of the Planning Commission at the current meeting and at some point in the future, someone wanted to redevelop the Butterfield residence, for example, and extend it out further than the Circle residence, would they be allowed to do so. Associate Planner Ramirez stated that it would be allowed under the existing regulations, as long as the proposed development did not exceed the height limit. He noted that Coastal Commission approval would also be needed, but that bluff encroachments do not require approval from the City. Mayor Bromberg additionally confirmed that if the hypothetical development did exceed the height Volume 57 - Page 68 City of Newport Beach City Council Minutes February S, 2005 INDEX limit, the applicant would need to apply Tor a variance through the Planning Commission. In regard to Council Member Heffernan's previous comments, -Assistant City Manager Wood stated that even with set standards, there will always be the opportunity for an applicant to apply for some type of relief. These appeals are left to the judgment of the decision - making bodies to determine if the circumstances support the findings necessary to grant a variance. She stated that rules cannot be written that will apply properly to every individual case. Assistant City Manager Wood added that the variance being requested by the Circles is not for the extension of the deck, but for the height of the development. Council Member Ridgeway stated that it is important to keep the required findings in mind. He referred to Section 20.91.035(B) of the Newport Beach Municipal Code (NBMC) and listed the four components of the findings that have to be made. He stated that equity is also a factor. Council Member Rosansky confirmed that the Planning Commission required that the depth of the second level deck be reduced by approximately four feet. Associate Planner Ramirez explained that the Planning Commission felt that it was prudent to move the second level deck back so that it was in line with the other properties. Council Member Nichols stated that under current City regulations, residences can be built all the way down the bluff. It's the Coastal Commission that enforces the stringline concept and doesn't allow this to happen. He stated that the Tabak residence had modifications approved, after the fact. Council Member Ridgeway clarified that the Coastal Commission will not allow a bluff residence to be built below 33 feet above mean high tide. Council Member Daigle agreed that the issue is complex and that one of the functions of the Planning Commission is to sort through such complexities and technicalities. In response to her question, Associate Planner Ramirez stated that there is less bluff alteration with the proposed plan than with the previously- approved plan. At the request of Mayor Pro Tem Webb, Associate Planner Ramirez displayed the proposed plans again. Mayor Pro Tern Webb confirmed that the second level deck is approximately 2% feet beyond the 40 -foot property line. Mayor Bromberg opened the public hearing. Tom Allen, representing the appellants, Mr. & Ms. Butterfield, stated that the main concern of the Butterfields is that their down coast view will be impaired by approximately 20 degrees by the proposed development. He stated that there is also an invasion of privacy issue. Mr. Allen displayed photos and drawings to illustrate his points. He stated that currently all of the residents on the bluff have a 180 - degree peripheral view, and that the side view is the valuable view. Volume 57 - Page 69 City of Newport Beach City Council Minutes February 8, 2005 INDEX Mayor Bromberg reminded Mr. Allen that it is not the policy of the City to protect private views. Mr. Allen expressed his understanding of this. He referred to the illustrations on display and stated that the five homes in the immediate vicinity of the Circle's residence have a predominant line of development. The proposed development alters this predominant line of development and violates the proposal submitted by the City to the Coastal Commission. He stated that the Coastal Commission uses the stringline concept and it works well. Mr. Allen stated that ultimately, the City will most likely establish one line for building development and one line for decks. Bryan Fletcher, architect, speaking on behalf of the Butterfields, displayed an aerial photo and graphics, and stated that for approximately fifty years, the residents in the immediate area have lived in harmony and consistently observed a predominate line of development. He stated that the proposed structure severely alters the existing bluff top massing. Mr. Fletcher displayed additional illustrations showing the existing building and deck lines, the proposed development lines and the affected sight lines, and stated that the proposed development would block most direct views from the Butterfield residence to the south and southeast. Mr. Fletcher stated that the proposed development can be redesigned to successfully address both the demands of the site and the neighborhood. He noted that the Butterfields went to great effort to make sure that their residence was responsibly designed without the need for special approvals and did not negatively impact any of their neighbors. Sherman Stacey, lawyer, speaking on behalf of the Circles, stated that over 30 years ago, the residences built in the area were approximately 2500 square feet. At today's prices, new owners desire to redevelop with substantially greater homes. He stated that this is a natural result of property values increasing. Mr. Stacey stated that he represented the Hal acres when their proposed development went before the Coastal Commission. He reported that the Coastal Commission approved their request, and he read from the findings that were made. He specifically noted that the Coastal Commission did not use the stringline method. Additionally, Mr. Stacey noted that the issue before the City Council is not the extent of the development, but the height variance and the front yard setback. He also pointed out that the predominant line of development is changing and, except for the Butterfields, the homeowners in the area recognize this. He acknowledged that the Butterfield's view will be affected. In closing, Mr. Stacey stated that there are alternatives to using the stringline method, such as the topographical boundary, used by the Coastal Commission, which respects the shape of the bluff and treats everyone with some form of equity. Mayor Bromberg asked Mr. Stacey if he felt that the development approved by the Planning Commission would result in a privacy issue for the Butterfields. Mr. Stacey responded in the negative. Mayor Bromberg asked if there would be a privacy issue if the variance were not approved. Mayor Bromberg stated that he asks the questions because if there is not a privacy issue without the variance, the findings for not granting the variance could possibly be made. Volume 57 - Page 70 City of Newport Beach City Council Minutes February 8, 2005 INDEX Council Member Heffernan stated that he understood that the Tabak residence was partly approved because it tucked into the corner of the slope and didn't impair any views, yet it became the new development standard for the Coastal Commission. He stated that with the expense of the properties in the area, each new homeowner will desire to extend their residence out further to create a dominant view and that there will be no limit as to how far out they can go because the City doesn't have any rules. In disagreement with previous comments, he stated that it is a privacy issue. Mr. Stacey stated that the City could develop policies to prevent this from happening, as he mentioned earlier. City Attorney Clauson stated that it is up to the City Council to look at the findings and the various factors, and determine if the factors provide substantial evidence to make a finding to support the variance. Council Member Heffernan pointed out that if there wasn't a variance, there wouldn't be an offending obstruction. Brien Jeannette, architect for the Circle residence, responded to Mayor Bromberg's earlier question by stating that the variance is for the second level and if that deck were removed, there would be no privacy issue on that level. He stated, however, that the issue is the first level deck, which is currently six feet from the Butterfield deck. Mr. Jeannette stated that with his design, the decks will be substantially further from one another, with the point of the Circle's deck that extends out the farthest being 40 feet from the Butterfield property, due to the arching character of the deck design. In regard to the possibility of a rooftop deck being constructed in the future, Mr. Jeannette stated that an additional variance would be required, but noted that there is no intent by the Circles to do this. Mr. Jeannette stated another important issue is that the Butterfields previously extended their deck further than the residences on either side of them. He also noted that they have a screen on the end of their deck, which also affects the Circle's view. Mr. Jeannette displayed photos of the Circle's residence and the surrounding neighborhood, taken at various angles. He pointed out the neighbors in support of the Circle's proposed development and the pattern of development in the area. He also displayed the plans for the proposed development, noted several features and aspects of the design, and pointed out the differences between the original proposal and the development approved by the Planning Commission. Mr. Jeannette displayed several additional drawings, which also illustrated various heights and lines of the proposed development. Lastly, he displayed a photo that was in the Daily V.1ot of Ms. Butterfield on the deck of her home and pointed out how her views would be affected, which differed from the depiction given by the Butterfields and the story poles that they had erected. Council Member Nichols agreed that the proposed development doesn't destroy the bluff. but stated that if the stringline method is used, it should be from the building area and not the deck area. Council Member Nichols received a clarification from Mr. Jeannette on the location and depths of the decks, and their relationship to the other residences in the area. In response to Mayor Bromberg's question, D4r. Jeannette explained hoxv the story poles are deceiving, although their depth may be accurate. By Volume 57 - Pane 71 City of Newport Beach City Council Minutes February 8, 2005 INDEX placing his hand against the side of his face and then moving it away, he illustrated how an obstruction's impact on peripheral view is diminished as the distance increases. Council Member Daigle asked how the slope and topography of the property drives the design of the development. Mr. Jeannette stated that 80 of the 120 feet of depth on the property is rear yard setback, so the development is set to retreat up the bluff. In response to Mayor Pro Tem Webb's follow -up question, Mr. Jeannette clarified that the City's required rear yard setback is ten feet. Mr. Jeannette stated that he couldn't answer a hypothetical question by Council Member Nichols on how the Circles would react if the Butterfields decided to build farther out. Mayor Pro Tem Webb clarified that the 40 -foot line spoken of earlier is the line that is parallel to the front property line and 40 feet out towards the ocean. Additionally, he confirmed with Mr. Jeannette that the proposed development extends 42'/2 feet from the property line. Mayor Pro Tem Webb asked Mr. Jeannette if the depth of the Circle's second level deck were reduced by 2'/2 feet, if it would impair their enjoyment of that deck. Mr. Jeannette responded in the negative. Robert Walchli stated that the public views on Ocean Boulevard must be protected and it is the responsibility of the City to uphold the rights of the public. Mr. Walchli displayed a drawing illustrating how the public's view will be impacted by the proposed development, and noted that one million residents and visitors from around the world use Ocean Boulevard each year. Mr. Walchli stated that the stringline method and the curb height requirement were designed primarily for the homes farther down the bluff which are built right next to the sidewalk. additionally, Mr. Walchli stated that the resident's view across the street from the Circle's should also be considered. Mr. Walchli requested that the City deny the variance and consider an ordinance that restricts development on the bluff side of Ocean Boulevard to one story above grade. Bill Cote', real estate broker and appraiser, speaking on behalf of the Butterfields, stated that allowing a deck to go out beyond the Butterfield's deck is an encroachment on the Butterfields and anyone else that may own the property in the future. He stated that not only is there a privacy issue, there is also a diminution in value issue. He stated that the property rights of the Butterfields is as significant as the property rights of the Circles. Mr. Cote' stated that the Circles should be required to redesign their home to stay within the existing stringline. Council Member Nichols stated that the City has adopted the stringline concept in the LCP submitted to the State. He asked Mr. Cote' what message the City is sending by not complying.with the concept while it's being reviewed by the Coastal Commission. Mr. Cote' stated that not complying with it now will have an impact later. He added that there should be rules to address the issues. Volume 57 - Page 72 City of Newport Beach City Council Minutes February 8, 2005 INDEX Don Kazarian agreed that some rules are needed for the area. He stated that there was a promise by the homeowner at the time that the rooftop deck was approved, the Ensign's, not to put anything on it that exceeded curb height. He objected to how the approved development and the proposed development were compared earlier. Lastly, Mr. Kazarian stated that he is neutral on the subject and not in favor of it as indicated earlier by Mr. Jeannette. Mayor Pro Tem Webb asked Mr. Kazarian how he would compare the approved design with the proposed design. Mr. Kazarian stated that it's difficult to get a true idea of what's happening. Mayor Bromberg reminded everyone that the City does have rules, and noted that the rule in this situation is the height limitation. He stated that the bigger issue for him is the degradation of the bluffs, and that this is being addressed in the LCP. Steve Iirom asked if the deck exceeds the height limit. Assistant City Manager Wood stated that the second level deck exceeds the height limit, but by less than it did after the Planning Commission's requirement that the depth be reduced. Associate Planner Ramirez stated that it exceeded the height limit by approximately 4%2 feet prior to the depth reduction. Council Member Rosansky asked what the angle of the slope is on the property. Associate Planner Ramirez guessed that it's probably close to 2:1, and clarified that it's two out and one down. Mr. Jeannette responded to the earlier question by Mr. Krom by stating that the top of the handrail on the second level deck, as approved by the Planning Commission, exceeds the 24 -foot height limit by approximately six inches at the center point, and probably varies from zero to twelve inches across the deck. The actual structure exceeds the height limit by three to five feet, based on the natural grade and not the existing grade. Mr. Krom stated that six inches is not a major issue to him and it appears that the view corridor is being maintained. Council Member Nichols pointed out that the City has determined the grade line that will be used. Mr. Krom stated that his only concern is that the house be in compliance with the grade that has been established. George McNamee stated that everyone on the bluff, except the Butterfields, support the proposed property. He noted that the Butterfield's home is the prettiest home in the area and the proposed residence will also improve the area. Pam Whitesides stated that there is a public view issue, not only from Ocean Boulevard, but also from the beach and Inspiration Point. Additionally, she stated that when the development was previously approved, it was conditioned on the Ensigns not building out beyond the stringli ne. Dr. Elmer Drews stated that if the Butterfields would have had the Volume 57 - Page 73 City of Newport Beach City Council Minutes February 8, 2005 INDEX opportunity to build a bigger home, they would have but instead they followed the existing rules. He expressed his opposition to granting the variance, because it would harm the Butterfields and those that enjoy the views from Ocean Boulevard. Sharlee McNamee stated that when the City gets involved with decisions that a property owner might make in order to utilize his property to his full advantage, it infringes on the very concept of property rights. She stated that an individual who owns property should be able to use and dispose of it as they see fit. Ms. McNamee stated that Ms. Butterfield has insisted in several instances that she have the ability to declare her rights. Ms. McNamee agreed with this, but stated that no one has the right to say that others must provide them with an unobstructed view. Doug Circle, owner of the subject property, stated that he and his wife are seeking a fact -based decision from the City Council at the current meeting. He stated that he has learned much about the process, and has tried to accommodate the Butterfield's privacy with the design of the home. Mr. Circle stated that the two variances being requested were already approved in the Ensign plan, and the new plan encroaches less into the bluff, which he thought would be an important aspect to the plans. He asked the City Council to uphold the decision of the Planning Commission. Rick Julian expressed his concern for the Butterfield's petition and the deception that may have been caused by the story poles the Butterfield's had erected. Lynn Butterfield stated that the bluff has remained in a similar configuration since the 1950's. In 1976, the Coastal Commission took over, but it was the City that controlled development prior to that. Ms. Butterfield stated that the Ensign's plans went down and not out. Additionally, she stated that the stringline method is supposed to use the nearest adjacent corner of structure, which is not what the Circle's are using. She acknowledged that the Circle's plans may be for a smaller structure, but stated that they are encroaching where no one else has encroached before. She stated that the Tabak's and Halfacre's plans are also for development down the bluff. Hearing no further testimony, Mayor Bromberg closed the public hearing. Mayor Bromberg recessed the meeting at 9:48 p.m. and reconvened the meeting at 10:07 p.m. with all council members present. City Attorney Clausen stated that the options before the City Council at the current meeting include modifying the decision of the Planning Commission, referring the application back to the Planning Commission with instructions on what they should review, or denying the appeal and, therefore, upholding the decision of the Planning Commission. She added that a fourth option would be to deny the variance, which would require that findings be made to support the denial. Council Member Nichols stated that he did not support the Ensign plans because they did not preserve the bluff in a proper fashion. The plans Volume 57 - Page 74 City of Newport Beach City Council Minutes February 8, 2005 INDEX were eventually approved. In regard to the Tabak plans, Council Member Nichols stated that be supported granting an additional two feet to allow for a room behind the garage, but that it was denied because it extended the structure out beyond the stringline. Council Member Nichols stated that with the Circle's plans, the stringline is not being enforced. He expressed his opposition to this. Council Member Daigle stated that when acting in the public's interests, she is looking at two things. These include preservation of the bluffs, which she felt was being accomplished with the Circle plans, and more so than it did with the Ensign plans. Secondly, she stated that she is also considering public views, which she also felt was being protected more so with the Circle's plans. She stated that she supports upholding the decision of the Planning Commission. Mayor Pro Tern Webb also agreed that the new plans are far superior than the previously- approved plans, and that the character of the building has been improved significantly. He stated, however, that it appears that the predominant building line is 40 feet out from the property line, and felt that this line should be preserved for the parts of the structure that are above the height limit. Mayor Pro Tem Webb stated that the second level deck is 2V2 feet out beyond the 40 -foot line and if it were pulled back, there would still be eight to nine feet of deck. Motion by Mayor Pro Tern Webb to uphold the decision of the Planning Commission to approve Amendment No. 1 to the applications to allow portions of a new single - family residence to exceed the 24 -foot height limit and allow a subterranean portion of the residence to encroach 10 feet into the required 10 -foot front yard setback, as modified to increase the setback of the upper level deck to the 40 -foot predominant building line. Council Member Ridgeway stated that the rules for a variance are in place, and he is satisfied that the findings to grant the variance can be made. He stated that the proposed deck on the first level will not obstruct the Butterfield's view of Inspiration Point and there is no diminution in value. He added that the screen that the Butterfields have installed on their deck is inappropriate. Additionally, he felt that the integrity of the LCP is being maintained. Referring to the motion made by Mayor Pro Tem Webb, Council Member Ridgeway stated that the second level deck is not in question and does not impact the Butterfields at all. He stated that the issue is not the height of the structure, it's the extension of the first level deck. Substitute motion by Council Member Rideeway to uphold the decision of the Planning Commission to approve Amendment No. I to the applications to allow portions of a new single - family residence to exceed the 24 -foot height limit and allow a subterranean portion of the residence to encroach 10 feet, into the required 10 -foot front yard setback. Council 1\4ember Rosansky stated that it's unfortunate that there's not better guidance in the planning and zoning codes, and lie regrets that prior City Council's have not addressed this. Council Member Rosansky expressed his support for Mayor Pro Tern Webb's motion. Volume 57 - Page 75 City of Newport Beach City Council Minutes February 8, 2005 INDEX Council Member Heffernan stated that the rules are in place and the limit is 24 feet from existing slope. He stated that it seems that anybody can get a variance. He stated that the rules should either be changed or upheld, and that he can't support either motion. Substitute- substitute motion by Council Member Heffernan to deny the variance and establish rules that will not be disregarded. The motion died for lack of a second. Mayor Bromberg stated that the issue is about property rights, which includes a balance with the neighbors and the environment. In listening to all of the comments throughout the current meeting, Mayor Bromberg stated that he changed his opinion several times. In response to some of them, he stated that the public views from Ocean Boulevard will not be impacted with the proposed development. He explained that the current home is quite a bit lower, but the proposed plans are not significantly different than the previously- approved plans. He expressed his confidence in the Coastal Commission enforcing any violations of the Coastal Act. Mayor Bromberg stated that Mayor Pro Tem Webb's motion is interesting, but he wasn't sure if the second level deck was an issue. He stated that he could support the motion; however. Council Member Nichols stated that he would like to see a policy adopted, but could also support Mayor Pro Tem Webb's motion. Mayor Bromberg stated that it might not be appropriate to delay a decision on the current application while a new policy is being considered. Council Member Heffernan stated that the findings to grant the variance included the unusual sloping condition of the property. Council Member Heffernan argued that this is not unusual and is similar to the conditions on the nearby properties. Mayor Bromberg stated that possibly a separate height limit rule for the bluffs should be established. Council Member Nichols stated that it makes sense to establish a rule. Third substitute motion by Council Member Nichols to send the issue back to the Planning Commission, with direction to establish a rule for the area, which includes upholding the setback and preserving the views on the property. Mayor Pro Tem Webb expressed his concern for Council Member Nichols' motion. He explained that it could delay- a decision on the current application for an indefinite period of time. Assistant City- Manager Wood also expressed her concern for Council Member Nichols' motion and what it could do to the current application. She explained that the application could be referred back to the Planning Commission with direction on the application, but to tie the application to Volume 57 - Page 76 City of Newport Beach City Council Minutes February 8, 2005 INDEX a change to the City's code would be unfair to the applicant. Council Member Heffernan stated that the City Council sets the rules, not the Planning Commission. The third substitute motion failed by the following roll call vote: Ayes: Nichols Noes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Abstain: None Absent: None The substitute motion failed by the following roll call vote: Ayes: Ridgeway, Daigle Noes: Heffernan, Rosansky, Webb, Nichols, Mayor Bromberg Abstain: None Absent: None The main motion carried by the following roll call vote: Ayes: Rosansky, Webb; Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: Heffernan Abstain: None Absent: None K. PUBLIC COMMENTS Robert Walchli stated that the City needs to take a serious look at public bluff issues, establish some rules and policies, and stop granting variances. He cited some examples of where views have been obstructed by homes in Corona del Mar. Mr. Walchli stated that property rights are not unlimited and explained that it's the responsibility of government to restrict property rights when necessary to protect the general rights of the public. Jim Hildreth stated that when Balboa Island was developed in 1931, the Grand Canal and the moorings within it were left as they were. After the Long Beach earthquake, it was decided that a bulkhead should be installed. In 1968, as a result of the City not turning the Grand Canal into a parking structure, the State classified the Grand Canal as a waterway. In 1976, the City started collecting revenue for access into the Grand Canal. Mr. Hildreth explained that the City does not collect revenue for the moorings in the canal, but the access to those moorings. Don Kazarian stated that if the height limit along Ocean Boulevard is going to be addressed, rooftop decks should also be looked at. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoe General Plan Update Corrunittee ((IPUC). No report. Volume 57 - Page 77 City of Newport Beach City Council Minutes February 8, 2005 INDEX Status report - Local Coastal Program Certification Committee. Council Member Ridgeway stated that the committee met to discuss the implementation plan and will meet again on February 16, 2005, at 3:00 p.m. The public is invited. Status report - Newport Coast Advisory Committee. Council Member Heffernan stated that the committee addressed the community center and what would be there, as well as the parking requirements at the proposed site. He stated that it is important that the parking issue be resolved as soon as possible. He reported that the committee also discussed landscaping and monument signing along Newport Coast Drive from the toll road. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tem Webb announced that construction is scheduled to begin on February 14, 2005. Status report - City Centennial 2006 Committee. Mayor Pro Tem Webb displayed the website address that the public can access to volunteer for the centennial. It is www.newportbeach100.com. Status report - City Council/Citizens Ad Hoc Committee for Marinapark Planning. Mayor Bromberg announced that Assistant City Manager Kiff has been assigned as the staff liaison to the committee, and that he has been working with him on the agenda for the committee's first meeting, which should take place in February or March. Status report - City Council Ad Hoc Marinapark Advisory Committee. No report. Status report - Santa Ana River Flood Protection Agency. Council Member Nichols gave a brief report on the Prado Dam and what occurred during the recent storms. M. CONTINUED BUSINESS 15. AMENDMENT TO SALES TAX SHARING AGREEMENT WITH C -3709 DAVID WILSON. Sales Tax Sharing Motion by Mavor Bromberg to continue the item. Agreement/ Lexus The motion carried by the following roll call vote: Dealership (38/100 -2005) Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg -Noes: None Abstain: None Absent: '_None 16. CITY HALL FACILITIES SCHEMATIC DESIGN - C -3502 REAFFIRMATION OF APPROVAL OF PROFESSIONAL City Hall SERVICES AGREEMENT 1ATITH GRIFFIN STRUCTURES, Facilities INCORPORATED. Schematic Design City Manager Bludau reported that in June of 2003, the City Council (38/100 -2005) Volume 57 - Page 78 City of Newport Beach City Council Minutes February 8, 2005 INDEX approved a professional services agreement with Griffin Structures Incorporated for a cost not to exceed $578,185. The purpose of the contract was to provide administration and management, architectural and engineering design services, and completion of a schematic design. The contract was never signed because a conflict of interest issue arose. In January of 2005, the Building Ad Hoc Committee, which is comprised of Mayor Bromberg and Council Members Ridgeway and Heffernan, met to discuss the agreement. City Manager Bludau stated that since the conflict of interest no longer exists, the committee recommended that the agreement be brought back to the City Council for reaffirmation. Mayor Bromberg confirmed with City Manager Bludau that the agreement under consideration at the current meeting is the same agreement that was previously approved. Mayor Bromberg also noted that Council Members Rosansky and Daigle were not on the City Council when the agreement was approved in June of 2003. Roger Torriero, Griffin, introduced Dan Heinfeld of LPA Architects. Using a PowerPoint presentation, he displayed the project's timeline from January of 2002 to June of 2003. Mr. Torriero stated that the first thing that was done by Griffin was a building assessment of the fire station and the existing City Hall structures. He listed the problems that were discovered, and stated that the full report can be found in the Building Assessment Report. Secondly, a space utilization assessment was done and a Space Utilization Assessment Report was prepared. He displayed a graph showing how the existing City Hall compares with the planned City Hall, as well as other cities' city halls, and noted that even the planned City Hall for Newport Beach, at 276 square feet per employee, is below the average. Looking at the graph, Council Member Rosansky asked why the staff count changed from 189 employees for the existing City Hall to 225 employees for the planned City Hall. Bob Hall, Griffin, stated that the 189 number actually represented the number of workstations. In addition, the employee count was increased to account for the increased demand due to the annexation of Newport Coast and Santa Ana Heights. In response to Council Member Rosansky's additional question, City Manager Bludau stated that there are approximately 195 employees at City Hall currently. Council Member Daigle asked if the comparisons were to fairly new city halls. Mr. Torriero stated that the comparisons are to either newly constructed city halls, or to those currently in design and planning. Additionally, he noted that the average is derived from the Building Owners and Managers Association (BOMA) experience report, which looks at comparable use and office space. He noted, however, that the report didn't take into account specialized functions such as the one -stop shop, which exists at City Hall and differs from a conventional office facility. nor. Torriero stated that space requirements were also looked at and a Space Requirements Report was prepared. At the City Council meeting of April 8, 2003, Griffin presented master plan concepts, all reports, site concepts and conceptual project budgets, and the City Council responded with a series of questions. Mr. Torriero stated that Griffin was then asked Volume 57 - Page 79 City of Newport Beach City Council Minutes February 8, 2005 INDEX to prepare a "white paper ", which was a comparison of the continued occupancy of the existing City Hall versus the effective costs of occupancy in a replacement City Hall. He displayed a summary of the report and stated that a new facility will be far less costly to operate over its lifespan. He additionally noted that the City Hall facility affects approximately 3,500 public visitors per week, or 182,000 per year. At the City Council meeting of June 10, 2003, Griffin made another presentation to the City Council. Mr. Torriero displayed the project conceptual plan and work flow diagram, and noted the work that has been done to date, the work that will be completed in the next phase, and the four opportunities for public input and community outreach. Mr. Torriero emphasized the importance of the public input opportunities, and explained that Griffin has no preconceptions and is not biased in any way. He stated that Griffin's job is to deliver the best information possible so that the City can make a decision on a facility that will serve the community in the most efficient manner, is cost effective and meets the budget and schedule. Continuing with the PowerPoint presentation, Mr. Heinfeld discussed the public workshops. Council Member Heffernan asked if Griffin always does the public outreach. Mr. Heinfeld responded in the affirmative. He then displayed four site plan concepts and stated that they are not intended to be proposals, but do show that there are several ways to look at what can be built at City Hall. He stated that these will also be a part of the public workshops and will be a way to get input from the community. Council Member Heffernan asked if the public outreach will find out if the public wants to spend the money on a new facility. Mr. Heinfeld stated that they will discuss priorities with the public, but the exact cost of a facility- wouldn't be known. Council Member Heffernan confirmed that the public workshops would focus more on what the facility would offer and how it would look. Mr. Torriero displayed a map showing the proposed land swap with the adjacent property owners. He stated that there are some obvious advantages to doing a land swap and noted that it has been considered for years. He stated that the land swap is an equal exchange of .39 acres and could be accomplished quickly, and added that it would be beneficial to know the boundaries of the City Hall site as soon as possible. Mr. Torriero listed the action that was approved by the City- Council on June 10, 2003. He then displayed the schematic design schedule if the recommended action is approved at the current meeting, and noted that it would result in a comprehensive report available for presentation to the City Council in August of 2005. Jim Hildreth stated that the current Harbor Resources office is not handicapped accessible and he hoped that they would be moved to the new City Hall, so that the employees could be reached by the handicapped. John Loper, Vice President of the Fritz Duda Company, managers of the Volume 57 - Page So City of Newport Beach City Council Minutes February S, 2005 INDEX adjacent property, stated that the Fritz Duda Company supports the proposal to work with City staff on looking at the concept of a land swap. He stated that they are also interested in continuing to pursue ways to provide more efficient parking, and better vehicular and pedestrian access for both properties. Council Member Ridgeway and Mayor Bromberg provided Mr. Loper with copies of the reports that have been prepared by Griffin, and mentioned earlier in the meeting. Bob McCaffrey expressed his surprise that there weren't more people in the audience to discuss the proposed action and the spending of such a large amount of money. He stated that he is not aware of any interest by the public to build a new City Hall and he didn't believe that the $500,000 should be spent. Mayor Bromberg reminded Mr. McCaffrey that part of the money would be used towards public outreach. Council Member Heffernan expressed his concern that so much time has passed with nothing being done. He suggested that a Request for Proposals (RFP) be done and other architects heard from. lWayor Bromberg stated that he's comfortable working with Griffin, and noted that the City is already working w7th them on the Mariners Library. In response to Mayor Bromberg's question, City Manager Bludau stated that there is no requirement for the City to go out with an RFP. He added that State law doesn't allow the City to request that proposals for professional consulting services include cost. The City is required to first select the firm that it feels is the most qualified and then negotiate the price, which is the process that the City went through when selecting Griffin. In response to Mayor Pro Tern Webb's question, Public Works Director Badum stated that at least five firms were considered during the RFP process that resulted in the selection of Griffin. He added that there was a panel that conducted an extensive interview process and reviewed the qualifications of the firms. Council Member Heffernan asked how the conflict of interest issue was missed. City Manager Bludau explained that the conflict arose later. Council Member Heffernan asked if Griffin had the obligation to disclose it. Mayor Bromberg stated that when it was determined that there might be a conflict of interest, the City ceased working with Griffin. He stated that he's satisfied that the conflict that existed, no longer exists. Council Member Heffernan stated his concern that the City discovered the conflict and that if it hadn't done so, the contract would have been entered into. Mayor Bromberg stated that, if this had been the case, the City would have had the grounds to terminate the contract, or it could have asked Griffin to remediate the conflict. City Attorney Clauson stated that under Volume 57 - Page 81 City of Newport Beach City Council Minutes February 8, 2005 11►` 13 WI the City's conflict of interest code, certain consultants are required to disclose conflicts. Council Member Rosansky asked if this prevents them from entering into an agreement subsequent to entering into the agreement with the City. City Attorney Clauson stated that Griffin would have to disclose this and the City would then determine if Griffin should be disqualified. Council Member Rosansky confirmed that a condition could be added to the City's contract to prevent Griffin from entering into such contracts. Council Member Daigle asked how extra work would be billed in the contract. Mr. Torriero stated that it's a fixed fee professional services contract and there will be no extra costs. Council Member Daigle expressed her support for the public outreach that will be conducted, but felt that it should also include finding out if the community wants to commit $30 to S40 million on a new City Hall facility. Council Member Rosansky asked what work was done with regard to looking at other potential properties. Mayor Bromberg stated that the Building Ad Hoc Committee did look at other sites, but it always seemed to come back to the current site. Council Member Nichols stated that the General Plan Advisory Committee (GPAC) also asked about the potential of other sites, and suggested maybe it should be looked at again. Motion by Council Member Ridgewav to 1) reaffirm approval to execute a Professional Services Agreement with Griffin Structures Incorporated for the not to exceed price of $578,185, as amended to require that Griffin Structures Incorporated not he involved in any development processes with any properties located within 1,000 feet of City Hall; 2) direct staff to conduct a 30 -day review regarding the viability of a lot line adjustment with the owner of the adjacent a Lido Plaza center, and if such efforts are inconclusive, then proceed with Schematic Design within the boundaries of the existing city owned site; 3) direct staff to schedule a series of community workshops regarding the planning and design of the project; and 4) reaffirm the current site as the future site for a new City Hall. Mayor Pro Tem Webb expressed his support for looking at other options and, specifically, the option to keep a part of the existing City Hall, rather than replacing the entire facility. He stated that this would provide a fair assessment of the alternatives for the public to review. He stated that City- Hall is short on space and the process to receive public input needs to begin. Council Member Ridgeway reminded Mayor Pro Tern Webb that the project includes three components: a fire station, a parking structure and City Hall. He stated that a new fire station and parking structure are needed, even if City Hall is not redone. Mayor Bromberg invited the public to tour City Hall. He suggested that Volume 57 - Page 82 City of Newport Beach City Council Minutes February 8, 2005 anyone that is interested, contact the City Clerk's office and someone would be found to conduct the tour. Mayor Pro Tem Webb stated that if he were to conduct the tour, it would show that some of the current working areas are adequate. Council Member Heffernan requested that the final reports and the information needed to make a decision be presented to the City by September of 2005. He stated that, with the money that is being spent and the money that could be spent, the reports should be delivered to the City Council in a timely manner and the process should not be delayed further. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: None Noting that it was 11:45 p.m., Mayor Bromberg asked the council members if they wanted to continue with the remaining items on the agenda. Motion by Council Member Ridgeway to address Item Nos. 1, 17 and 1S at the current meeting, and continue the remaining items to a future meeting. Substitute motion by Council Member Rosanskv to address the remainder of the agenda at the current meeting. The substitute motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg ;Noes: None Abstain: None Absent: None 17. RESOLUTION EXTENDING THE BUILDING AD HOC COMMITTEE. Motion by Council Member Ridgeway to adopt Resolution No. 2005 -9 approving the extension of the term of the Building Ad Hoc Committee. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: None Abstain: Nichols Absent: None 18. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION Alayor Bromberg announced that the Ad Hoc Appointments Committee, which is comprised of himself, Mayor Pro Tem Webb and Council Member Volume 57 - Page 83 INDEX (100 -2005) (100 -2005) City of Newport Beach City Council Minutes February 8, 2005 Ridgeway, is recommending that Uerald Allrson and Uilbert Laskey be nominated to serve on the City Arts Commission. Motion by Mayor Brombere to confirm the nomination of Gerald Allison and Gilbert Laskey to fill the unscheduled vacancy on the City Arts Commission as a result of the resignation of David Colley. Council Member Nichols asked if the council members would have the opportunity to evaluate the other applicants. Mayor Bromberg explained that the process is for the Ad Hoc Appointments Committee to review the applications, interview selected applicants and make a recommendation to the City Council. He added that council members can add names at the current meeting, if desired. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: None Abstain: Nichols Absent: None N. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 25, 2005. Jim Hildreth referred to page 52 of the regular meeting minutes, and stated that his comments were not correctly recorded. He asked that they be changed. Motion by Mavor Pro Tem Webb to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 7. UNDERGROUND ASSESSMENT DISTRICT NO. 103 - AUTHORIZATION OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. Jim Hildreth reminded those desiring underground utilities that they have failed on Little Balboa Island. Motion by Council Member Ridgeway to authorize the Mayor to execute Amendment No. 1 to Professional Services Agreement with Hall & Foreman, Inc. for underground Utilities Assessment District No. 103 Formation in the not to exceed amount of $30,940 and transfer all Volume 57 - Page 84 INDEX Underground Assessment District No. 103 (891100 -2005) City of Newport Beach City Council Minutes February 8, 2005 previous appropriations and expenditures from Assessment District No. 95 to Assessment District No. 103 by approving a budget amendment (05BA- 040). The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 8. BUDGET AMENDMENT AND AMENDMENT TO AGREEMENT WITH RBF CONSULTING TO EXPAND SCOPE OF WORK FOR SIGN CODE REVISIONS. Council Member Nichols stated that the public needs to see the signs that are being proposed. He learned from Assistant City Manager Wood that the contract is for the City's sign regulations, which are a part of the zoning code, and not for directional signs. She added that the budget amendment will provide the resources to do additional public outreach. Motion by Mavor Pro Tern Webb to 1) approve a budget amendment (05BA -039) appropriating $28,000 from the General Fund Unappropriated Fund Balance to account 2710 -8261 for the additional costs; and 2) approve First Amendment to Agreement with RBF Consulting, providing for an additional public workshop, study sessions, and a citywide sign survey. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 12. BUDGET AMENDMENT - WATER QUALITY PROGRAMS & STUDIES. Council Member Nichols stated that the budget amendment is for some of the studies that are required for back bay programs. He stated that these programs gradually trap Newport Beach into policing what other cities are doing, and that he has spoken with several environmentalists and they don't understand the program. Council Member Nichols stated that more public outreach is needed and he doesn't think the program is good for Newport Beach. Motion by Mayor Pro Tern Webb to approve a budget amendment (05BA -041) appropriating $162,000 from tidelands funds for water quality programs and studies. The motion carried by the following roll call vote: Volume 57 - Page 85 INDEX C -3623 Sign Code Revisions (381100 -2005) (100 -2005) City of Newport Beach City Council Minutes February 8, 2005 INDEX Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: None O. MOTION FOR RECONSIDERATION - None P. ADJOURNMENT at 11:56 p.m. The agenda for the Regular Meeting was posted on February 2, 2005, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Volume 57 - Page 86