HomeMy WebLinkAbout06/12/2001 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 12, 2001 - 7:00 p.m.
INDEX
Meeting) — 3:00 p.m.
CLOSED SESSION — 6:00 p.m.
CLOSED SESSION REPORT — None.
A. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR
MEETING
B. ROLL CALL
Present: Heffernan, O'Neil, Ridgeway, Bromberg, Proctor, Mayor Adams
Absent: Glover
C. PLEDGE OF ALLEGIANCE — Council Member Bromberg.
D. INVOCATION — Reverend Dr. William Flanagan of Saint Andrews
Presbyterian Church.
E.
Presentation to Supervisor Silva.
Presentation of Tree City USA Award and Tree City USA Growth
Award.
F. NOTICE TO THE PUBLIC
G. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM):
• Council Member Proctor announced that he will be expending $1,188 of
the $7,000 District allotment to renew the dog pickup bag contract for
next year.
• Council Member Bromberg stated that Balboa Island has a problem
with motorized scooters and requested that staff bring back an
ordinance regarding motorized and non - motorized scooters on North
Bay Front, South Bay Front, East Bay Front, Grand Canal, and Marine
Avenue sidewalks.
• Council Member Bromberg requested that staff bring back an
ordinance that prohibits dogs in the Carroll Beek Park on Balboa
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City of Newport Beach
City Council Minutes
June 12, 2001
Island since they pose a health issue. He explained that the park is
very small and basically consists of a basketball court with some grass
and a bench. He indicated that the grass and bench attracts dogs,
adding that it has become an odorous and unsightly problem.
Noting that the City has about 16 Boards, Commissions, and Citizen
Advisory Committees, Council Member Bromberg stated that Council
Policy A -9 requires that committee appointees be residents of the City,
unless the committee enabling resolution provides otherwise. He
indicated that some committees may have members who are appointees
or representatives from other committees who may not be residents of
the City. He suggested that the chairs of each committee be contacted
to deal with this policy.
Council Member Bromberg thanked everyone who participated in or
attended the Balboa Island Parade and announced that he used $3,000
of the $7,000 District fund for the parade.
Council Member Heffernan thanked Public Works Director Webb for
his help in getting $400,000 in CIOSA grant funds to complete the
landscaping project on MacArthur Boulevard.
CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. Removed at the request of an audience member.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive
reading in full of all ordinances and resolutions under consideration,
and direct City Clerk to read by title only.
ORDINANCE FOR INTRODUCTION
3. Removed at the request of Mayor Adams.
ORDINANCES FOR ADOPTION
4. Removed at the request of Council Member Heffernan.
5. EMERGENCY ORDINANCE AMENDING TITLE 5 (BUSINESS
LICENSES AND REGULATIONS OF THE NBMC) TO ENACT
PROVISIONS FOR TEMPORARY EMERGENCY ELECTRICAL
GENERATORS. Adopt Ordinance No. 2001 -6 with an amendment to
Section 5 of Exhibit A that reads, "Installation of the generator shall
comply with the requirements of the City's Building Regulations and
Fire Code." (subject to five affirmative votes).
RESOLUTIONS FOR ADOPTION
6. EXTENSION OF THE AD HOC HARBOR COMMITTEE. Adopt
Resolution No. 2001 -41 extending the tenure of the Ad Hoc Harbor
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L � 1 �►
Ord 2001 -6
Temporary
Emergency
Electrical
Generators (27)
Res 2001 -41
Ad Hoc Harbor
City of Newport Beach
City Council Minutes
June 12, 2001
Committee.
MEASURE M ELIGIBILITY RE- QUALIFICATION FOR FY 2000-
2001. 1) Adopt the Seven -Year Capital Improvement Program; 2)
direct staff to submit the adopted Capital Improvement Program, and
the Maintenance of Effort certification to the Orange County
Transportation Authority to satisfy the eligibility provisions for the
Measure M and the Congestion Management Programs; and 2) adopt
Resolution No. 2001 -42 pertaining to the status of the City's Circulation
Element and affirming there has been no unilateral reduction in lanes
on any Master Plan of Arterial Highways street during FY 2000 -01.
8. FOURTH OF JULY STREET CLOSURE RESOLUTION. Adopt
Resolution No. 2001 -43 authorizing the Police Department to
temporarily close, or divert traffic from, portions of Seashore Drive,
Balboa Boulevard, and Newport Boulevard during the Fourth of July
holiday, to install temporary boundaries on Seashore Drive and to close
certain parking lots.
CONTRACTS AND AGREEMENTS
9. LEASE AGREEMENT FOR BALBOA YACHT BASIN WITH
BASIN MARINE, INC. (contd. from 3/27/01, 4/10/01, 4/24/01, 5/8/01
& 5/22/01). Continue indefinitely.
10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE OF PRIVATE MEDIAN IMPROVEMENTS
WITHIN THE FORD ROAD RIGHT -OF -WAY ADJACENT TO
TENTATIVE TRACT NO. 15332 (FORD ONE DEVELOPMENT).
Approve the application subject to: 1) execution of an Encroachment
Agreement for non - standard improvements: a) authorize the Mayor
and the City Clerk to execute the Agreement; and b) authorize and
direct the City Clerk to have the Agreement recorded with the Orange
County Recorder; and 2) an encroachment Permit issued by the Public
Works Department.
11. Removed at the request of an audience member.
MISCELLANEOUS ACTIONS
12. STREET TREE MAINTENANCE. Approve a budget amendment
(BA -054) in the amount of $29,500 to trim trees, root prune, and repair
tree root damage along Clay Street.
13. Removed at the request of an audience member.
14. BUDGET AMENDMENT TO TRANSFER $3,948 FROM THE
BONITA CANYON APARTMENT OVERTIME ACCOUNT 010-
22366 TO THE BUILDING DEPARTMENT OVERTIME
ACCOUNT 2920 -7040. Approve BA -059.
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INDEX
Committee (24)
Res 2001 -42
Capital Improvement
Program/
Measure M/
Congestion
Management
Programs/
Circulation Element
(74)
Res 2001 -43
Fourth of July
Street Closures
(85)
[No Report]
Ford One
Development/
Private Median
Improvements
(65/TT 15332)
BA -054
Clay Street
Trees (40/62)
BA -059
Building
Department
Overtime (26/40)
City of Newport Beach
City Council Minutes
June 12, 2001
I.
15. BUDGET AMENDMENT FOR CALIFORNIA LAW
ENFORCEMENT TECHNOLOGY EQUIPMENT PURCHASE
PROGRAM. 1) Approve a budget amendment (BA -055) of $79,997 to
be transferred from the General Fund unappropriated reserve to the
Police Department Budget Account 1820 -9015, to fund the purchase of
equipment for the approved California Law Enforcement Technology
Equipment Purchase (CLETEP) program grant; 2) approve the
purchase of forty Personal Digital Assistants (PDA) and related
accessories and software from Symbol Technologies, Inc. at $1,793.50
per unit for a total cost of $74,740 plus tax; and 3) approve the
purchase of one Personal Computer Server from Dell Computer
corporation for a total cost of $6,494 plus tax.
16. PROPOSED REORGANIZATION OF PUBLIC WORKS
DEPARTMENT INTO TWO DEPARTMENTS — PUBLIC WORKS
AND UTILITIES. Approve City Manager's recommendation to
separate the Public Works Department into two separate departments,
Public Works and Utilities, with the addition of no personnel, to become
effective July 1, 2001.
17. GENERAL SERVICES DEPARTMENT REORGANIZATION
PROPOSAL. Approve the reorganization of the Operations Support
and the Field Maintenance Divisions of the General Services
Department, effective immediately.
18. PURCHASE OF REPLACEMENT VEHICLE. Receive and file
report (no action).
19. RESPONSE TO HUD STAFF COMMENTS ON FY 1999 -2000
CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER). Receive and file.
Motion by Mayor Pro Tern Ridgeway to approve the Consent
Calendar, except for those items removed (1, 3, 4, 11 and 13), and
noting the amendment to Item No. 5.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF
MAY 22, 2001.
Jim Hildreth, 120 The Grand Canal, requested that his comments on
page 277 be amended to include his statement that the City should use
one of the other two access structure drawings on Grand Canal.
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INDEX
BA -055
California Law
Enforcement
Technology
Equipment
(CLETEP)
Program Grant
(40/70)
Reorganization of
Public Works and
Utilities
(66/74)
Reorganization of
General Services
(44/66)
Replacement
Vehicle (44)
Consolidated Annual
Performance and
Evaluation (87)
City of Newport Beach
City Council Minutes
June 12, 2001
Motion by Mayor Pro Tem Ridgeway to waive reading of subject
minutes, approve as amended, and order filed.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
3. MODIFICATIONS TO CHAPTER 12.54, MOTORIZED
SCOOTERS, OCEANFRONT BOARDWALK SAFETY PROGRAM.
Noting that the ordinance prohibits motorized scooters on the
boardwalk, Mayor Adams pointed out that non - motorized scooters are
not addressed in the ordinance. City Attorney Burnham believed that
this could be addressed in a separate ordinance at the next meeting.
Mayor Pro Tern Ridgeway expressed concern about restricting the use
of non - motorized scooters on the boardwalk since many of the children
use them to get to school. Mayor Adams clarified that he is requesting
that the non- motorized scooters be acknowledged, along with
skateboards, skates, and bicycles, and that the rules of the road also
apply to them.
Jim Hildreth, 120 The Grand Canal, indicated that he almost hit a
child who was carrying a non - motorized scooter. He agreed that they
also need rules to follow if they are to be used on the road.
Motion by Mayor Pro Tern Ridgeway to introduce Ordinance
No. 2001 -7 and pass to second reading on June 26, 2001.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
4. MODIFICATIONS TO CHAPTER 10.28 OF THE NBMC — LOUD
AND UNREASONABLE NOISE.
Council Member Heffernan stated that he was on the minority side of
Council on this at the last meeting. He noted that one of the reasons
this ordinance was brought about was because of the difficulty the
District Attorney (D.A.) was having in prosecuting a noise - related
offense. However, since Dennis Rodman has been charged by the D.A.,
he asked if the ordinance was still needed if this hurdle has been
overcome. Deputy City Attorney Ohl stated that the section requiring a
warning was added in order to assist the D.A: s office in establishing
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11011
Ord 2001 -7
Motorized Scooters/
Boardwalk Safety
Program (70)
Ord 2001 -4/
Noise
Ordinance
(68/70)
City of Newport Beach
City Council Minutes
June 12, 2001
INDEX
the willful element since this has been the most difficult element for
them to establish in any prior criminal prosecution. City Attorney
Burnham added that the D.A. would still prefer to have that element of
the ordinance modified so it is easier for them to establish willfulness.
Mayor Adams clarified that this ordinance is just a proposed
modification to the existing ordinance. Council Member Proctor stated
that he requested the amendment and emphasized that nothing is
being changed with regard to what is and is not against the law. He
noted that the only change being proposed is the procedure for the
willfulness element because the methodology of enforcement is
outmoded. He added that he has practiced this type of law for 31 years.
In response to Council Member Heffernan's questions, Council Member
Proctor stated that the penalty clause that created the misdemeanor
has always been in the books, but it could have been an infraction or a
misdemeanor. He clarified that the proposed ordinance provides a
clarification that allows law enforcement to make the decision, which
they are already permitted to do now, on arresting for a misdemeanor
committed in their presence. He added that there was some question
as to whether or not, under the old ordinance, they could or should do
that and this is why they needed to seek a warrant from a judge on a
misdemeanor. He believed that this method is archaic.
Council Member Heffernan stated that he spent 1.5 hours with the
Police Chief today discussing this ordinance and announced that he will
be voting in favor of the ordinance tonight.
Mayor Pro Tern Ridgeway emphasized that the ordinance was not
focused on any one person, but is a general ordinance for the peace and
quiet of all neighborhoods.
Jim Hildreth, 120 The Grand Canal, stated that the City is a beach
community, not a retirement community. He believed that a person's
right to free speech and expression are being repressed through the
selective enforcement of the new guidelines. He indicated that he
respects the police, but noted that they are still individuals who possess
human traits. He stated that, in light of this and the discretionary
format of the proposed ordinance, equal rights and protection cannot
always be guaranteed as stated in the Fourteenth Amendment. He
indicated that the change in the noise ordinance is viewed as an aid to
the constant complainer who has a lot of money and time. Mr. Hildreth
noted that the police already have a procedure in place in which they
use Notice of Disturbance cards and proceeded to read the card. He
stated that he spoke with an attorney who feels the current noise
ordinance is more than adequate and penalties should not change from
an infraction to a misdemeanor, which could constitute a prison term,
fine, or both. He concluded by asking if a permit is required if 15 or
more people assemble at one location.
Sue Edelstein stated that she lives next to Josh Slocum on West Coast
Highway and did not have a problem with them when she first moved
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City Council Minutes
June 12, 2001
INDEX
in; however, now she needs to sleep with earplugs. She indicated that
they sometimes turn their music down when she asks, but will not do it
on the nights they have dancing. She noted that the City has a law
that prohibits dancing but pointed out that they are still doing it.
Ms. Edelstein stated that her and her neighbor have tolerated a lot and
even get disturbed by the noise in the parking lot area.
Mayor Adams reiterated that Council is not dealing with specific issues
with Josh Slocum and reminded everyone that tonight deals with an
ordinance amendment which is a general change to the existing noise
ordinance.
Edna Deeb stated that she is an attorney and a resident of the City.
She indicated that she holds parties on her patio and uses loud music,
but takes her neighbors' into consideration. She requested that Council
take another look at the wording because she feels it infringes upon all
citizens. She pointed out that we live in a world renowned beach resort
and the local businesses will not have business without tourists. She
added that the City has already overcome the spring breakers and
gangs. Ms. Deeb believed that the definitions of "loud and raucous
noise" and "unreasonableness" are vague and broad. She added that
most ordinances also give a time of day and duration of the noise.
Mayor Adams pointed out that Ms. Deeb's comments are mostly toward
portions of the ordinance that have not been changed. Regarding
Ms. Deeb's question, City Attorney Burnham indicated that Section
10.28.010.M was not included in the ordinance just to establish willful
intent, but pointed out that the area that deals with "willfulness" is the
requirement that the individual be notified before any citation is issued
or arrest is made.
Dolores Otting stated that she agrees with the previous speaker and
believed that the current noise ordinance has always been ambiguous.
She expressed the opinion that the amendment is a violation of
everyone's rights. She relayed stories about Black Americans in the
City and believed that the Council is entering into a gray zone that
could cost a lot of money in the future in litigation. She reported that
she has called the police about parties in the Spyglass area and was
told to wait an hour or so, and indicated that her friend's family had to
move from a house on 16th Street because of the noise. She asked how
many citations have been issued that enforce the current noise
ordinance, believing that the City does not enforce its laws.
Ed Van den Bossche, 121 40th Street, praised Councils past and present
for the behavioral improvements made in West Newport. He expressed
the opinion that the existing ordinance is adequate and that further
tightening of it is not warranted. He indicated that, if a citizen is being
disturbed, the citizen can sign a complaint with the police.
Edward McLaughlin, 5204 Seashore Drive, #B, read the Fourth
Amendment and believed that the ordinance violates this amendment.
He added that this should be brought to a vote of the people. He
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City Council Minutes
June 12, 2001
I IN 11
indicated that a jackhammer can be operated outside his house until
6:30 p.m., but he would be in violation of the law if he got anywhere
near that decibel level. He stated that the ordinance will now give the
police the right to come into his home and arrest him for a crime that is
not endangering his neighbors, and also removes the burden of
probable cause from the police. Mr. McLaughlin stated that he has had
the police at his house at 7:10 p.m. and was issued a $76 ticket that he
defeated in court. He agreed that times need to be delineated.
Susan Seaman stated that she has barbecues on the weekend and likes
to listen to music somewhat moderately loud, but turns down the
volume if her neighbors ask her to. She believed that this ordinance is
allowing the police to make disturbing the peace charges rather than
the D.A. Mr. Burnham emphasized that the D.A. is the only entity that
files criminal complaints. Ms. Seaman indicated that the Police
Department has told her that the ordinance is targeted to one person
and asked what the process is and how this will be measured.
Ann Lemmon stated that she lives next to the Village Inn and that she
and her daughter oftentimes cannot sleep because of the noise. She
expressed hope that this is a universal ordinance that also applies to all
establishments. She indicated that she had a rental cancellation for
the summer because the people found out the house was next to the
Village Inn, which has a reputation of being noisy. She stated that she
has tried to be a good neighbor. She agreed that something is needed
for the peace and safety of all residents and expressed the opinion that
the current noise ordinance has not helped. She pointed out that the
bar does not have a decibel box, they want to knock down a wall to
accommodate more drinkers, and are supposed to be at least
200 feet, not 15 feet, from a resident in order to have a live
entertainment permit.
Motion by Mayor Pro Tern Ridgeway to adopt Ordinance No. 2001-
4.
Mayor Pro Tern Ridgeway noted that there are three constitutional
lawyers on Council and that they even asked Dennis Rodman's
attorney, Michael Molfetta, to help them improve the ordinance. He
indicated that Mr. Molfetta could not help them because the ordinance
would pass constitutional muster. He emphasized that some of the
people who spoke tonight would actually be protected by the ordinance
and noted that Mr. McLaughlin would have just received a warning.
He stated that Council is not changing the law but is just providing a
warning that did not exist previously.
Council Member Bromberg took issue with some of the comments made
tonight. He believed that they have not read the old ordinance and
have not looked at the new ordinance because, if they did, they would
not be speaking against it. He indicated that he has heard from 20 to
25 people since the last meeting who are thankful for what Council has
done with the noise ordinance. He reiterated that the proposed
ordinance provides a warning and that the current legislation has been
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City Council Minutes
June 12, 2001
in existence for years.
Council Member Heffernan stated that this is an open forum, even
though he does not always agree with the comments, and it is Council's
job to listen to residents. He emphasized that the ordinance needs to be
applied across the board and needs to be color blind. He stated that he
will be watching how it is being applied.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
11. PACIFIC COAST HIGHWAY SIDEWALK FROM CAMEO
SHORES ROAD TO CITY LIMIT — AWARD OF CONTRACT
(C- 3148).
13. CLASSIFICATION AND COMPENSATION STUDY FOR KEY
AND MANAGEMENT POSITIONS.
Without objection, Dolores Otting discussed Items 11 and 13 together.
She stated that Item 11 was awarded to the lowest bidder for $33,000
and noted that the City saved about $23,000 by going out to competitive
bid. However, a consultant is being hired for Item 13 for $75,000
without going out to bid. She noted that the City has a consultant who
handles union issues and that the City is also concerned about how
much more the electricity will cost. She believed that, if this contract
had gone out to bid, the money that would have been saved could have
been used towards paying the electricity bill.
City Manager Bludau stated that Item 11 is required by law to go out to
bid while Item 13 is not since it is for contractual services. However, he
added that this does not mean they would exclude a bid. He indicated
that he is trying to provide an overall salary structure, job description,
and other things that are missing for the 60 positions that already exist
for about 570 other positions. He reported that they started with a
contract that was going to be about $29,000, but once the consultant
began, she told him there were bigger problems than the initial scope of
work. Further, she said she could not fix what needs to be done unless
a complete classification and compensation study was conducted. He
reported that the other people he checked with to see whether her bid
of $75,000 was reasonable indicated that it was. Mr. Bludau stated
that the study is important to him because he has an obligation to the
employees who work hard for this City. He added that some employees
are not being treated fairly because of a lack of a good salary system.
Mr. Bludau explained that the classification and compensation study is
a detailed study to determine whether the job descriptions for the
60 positions match the work that is actually being done. He stated that
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mb)
C- 3148/13A -056
PCH Sidewalk
(38/40)
BA -058
C -3426
Classification and
Compensation
Study for Key and
Management
Positions
(38/40/66)
City of Newport Beach
City Council Minutes
June 12, 2001
INDEX
salary structures and ranges are going to be recommended for these
positions and noted that it may even be recommended that some of
them receive less salary. Further, the study will compare these
positions with other agencies and with positions within the
organization to ensure that the salary relationships are appropriate.
He acknowledged that $75,000 is a lot of money for 60 people, but
stated that it is a lot of work and is the greatest need that he has in the
organization in terms of a program that ties the organization together
with regard to salary and work relationships. Mr. Bludau pointed out
that the three positions that Council directly hires (City Manager, City
Clerk, and City Attorney) will not be included in the study. Regarding
doing this study in- house, he noted that it will take the consultant
three months to complete the study. Further, the City does not have
anyone with the experience and does not have the ability to pull
someone from their duties for three months.
Motion by Council Member O'Neil to 1) approve the plans and
specifications; 2) authorize a budget amendment (BA -056) in the
amount of $36,634 from the unappropriated Transportation and
Circulation Fund Balance to Account No. 7261 - 5100606; 3) award a
contract (C -3148) to C.J. Construction, Inc. for the total bid price of
$33,334 and authorize the Mayor and the City Clerk to execute the
contract; and 4) establish an amount of $3,300 to cover the cost of
unforeseen work.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
Motion by Council Member Bromberg to 1) appropriate $75,000
from unallocated General Fund Revenue to Account #0410 -8080
(Professional and Technical Services) (BA -058); and 2) enter into a
contract with the National Center for Educational Research and
Technology (NCERT) for the development of a comprehensive
classification and compensation plan for all Key and Management
positions (60) for a contract price of $75,000.
Mayor Pro Tem Ridgeway stated that he is going to vote for this
because he feels it is appropriate; however, he agrees with Ms. Otting's
comments about competitive bids. He believed that the City does
competitively bid to the best of its ability, but stated that it may want
to take a more critical look at its internal bidding and contracting.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
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City Council Minutes
June 12, 2001
Abstain: None
Absent: Glover
J. PUBLIC COMMENTS
INDEX
Derek Leason, 20342 Cypress Street, Santa Ana Heights, stated that
the Mayor indicated two weeks ago that it would be wishful thinking to
think that the John Wayne Airport (JWA) Settlement Agreement will
remain the same. Noting that Santa Ana Heights (SAH) takes the
brunt of the airport noise, he stated that this time they will have a
voice and will be heard. He believed that, unless Stage 4 Jets are used
in 2005, SAH residents should be compensated for the noise they
endure since Irvine and South County cities want 14 million annual
passengers (MAP) at JWA.
Noting that he served on the Airport Commission in 1984 and 1985,
Council Member Proctor suggested that the City conduct an
informational meeting with SAH and the corridor cities to let them
know what the City is trying to do to help protect their interests.
Cordell Fisher, 95 Old Course Drive, stated that his home which he has
lived in for only two years is in the process of being red tagged by the
City because it does not meet Building Codes and noted that other
homes in his community may have the same hazardous condition. He
reported that the builder used non - pressure treated poplar wood
embedded into cement for safety rails and now they are decaying. He
indicated that, after speaking with a number of agencies, the City's
Building Code regarding the use of materials for balcony and porch
railings need to be amended. He submitted photographs, a copy of the
builder's statement, and a petition with more than 100 signatures.
Geneva Ryan, 3902 River Avenue, reported that the channel in front of
her house is continuously polluted and no one can go into the water.
She asked when this problem will be solved and believed that the
solution is to dredge the sediment around West Newport Island. She
stated that no one lives around Back Bay and questioned why it needs
to be cleaned -up. Mayor Pro Tern Ridgeway stated that Ms. Ryan has
attended a number of Harbor Quality Committee meetings and that she
was told that the City is studying the issue and testing the water to
determine if the contamination is human and/or animal life.
Jim Hildreth, 120 The Grand Canal, stated that he found discrepancies
in a letter from Assistant City Manager Kiff concerning Residential
Pier 80100011. He requested that Council direct staff to do what is
required under the California Public Records Act and indicated that he
even provided a postal money order to pay for the cost of duplicating
the documents he requested. He stated that he would like to know why
some of the requested documents cannot be found. Further, he asked
what the penalties are for the employee who fails to provide, destroys,
or falsifies documents; and asked if there are any penalties for
employees who purposely misdirects mail.
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June 12, 2001
Dolores Otting reported that Council previously voted on a $250,000
item regarding a right -of -way that came from Hoag bonds. She noted
that she had many questions about Hoag bonds and that the issue was
brought back to Council in the City Manager's Newsletter which is not
distributed to the public. She indicated that, even though the amount
of outstanding Hoag bonds totals $316 million, Hoag still closed its
emergency rooms in May.
Mayor Adams directed the City Manager to bring items back at Council
meetings, rather than in the newsletter, if Council requests a report on
something. City Manager Bludau indicated that Council requested this
be discussed at a study session after the budget process.
Ms. Otting also discussed how her husband and his ex -wife previously
donated $25,000 to Hoag Hospital which got their names placed on a
wall designated for Friends of Hoag Hospital. However, she believed
that his ex -wife donated more money and had her husband's name
completely removed from the wall. She stated that, following several
meetings, Hoag will be returning her husband's name to the wall, but
wanted - everyone to know that their names might have been removed at
Hoag Hospital if they have been divorced.
Chris Yelich stated that he is the Senior Vice President of Pacific Bay
Homes who developed the One Ford Road project and indicated that he
resides at the project. Regarding Mr. Fisher's comments, he noted that
the materials were all City approved and that the material needs to be
maintained on a regular basis because of the close proximity to the
beach, otherwise they will decay. Council Member Bromberg expressed
his concern about this issue and requested that Mr. Fisher contact him
tomorrow. Mr. Bludau confirmed that all the materials used in this
project did meet City codes and that Mr. Fisher is requesting that the
City prohibit the use of certain woods that are currently allowed.
Russ Niewiarowski, 20102 Mine Drive, Santa Ana Heights, reported
that the JWA wall project, including his landscaping proposal, will be
going before the Board of Supervisors on June 26. He also thanked the
City for helping get two signal lights in the area of Bristol and Mesa.
Regarding the JWA Settlement Agreement, he hoped that Council will
be able to extend the agreement. He reported that the Great Park
Initiative includes language that will terminate the settlement
agreement in 2005. Mr. Niewiarowski indicated that the New
Millennium Group will have its non - profit C -4 status filed and
completed on Monday, and will be meeting with the Orange County
Regional Airport Authority (OCRAA) to give a presentation on their
initiative, The Orange County Public Benefits Initiative. He added that
the Southern California Association of Governments (SCAG) feels that
JWA should remain at 8.4 MAP and El Toro should have 29 MAP.
RECESSED: 8:47 p.m.
RECONVENED: 8:55 p.m.
Volume 54 - Page 312
INDEX
City of Newport Beach
City Council Minutes
June 12, 2001
IR
INDEX
• Council Member Heffernan stated that he chairs the Finance
Committee and requested that a 10 -year rolling forward budget be
generated and that staff also compare the City's reserve amounts and
policies with other cities.
L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
Planning
20. PLANNING COMMISSION AGENDA FOR JUNE 7, 2001.
(68)
Assistant City Manger Wood reported that the Boy Scouts of America
proposal at 1931 West Coast Highway (Item 1) was approved following
a slight relocation of the building and the addition of architectural
detail.
Regarding the Newport Riverboat Restaurant (Item 2), Ms. Wood
reported that the new owners did not feel they needed to use the
outside decks as much as the previous owners did, and announced that
they and the Linda Isle residents reached a mutually acceptable
solution. The Planning Commission approved the use permit.
Ms. Wood reported that the Kell Office Site (Item 3) included a
development agreement that had significant contributions to the City
for traffic improvements. She indicated that the project was approved
by the Commission without a lengthy public hearing because they did
all their review earlier. She stated that this will be before Council for a
public hearing on June 26, 2001.
Regarding the Coastal Bluff Development Policy (Item 4), Ms. Wood
reported that the Commission reviewed Council's discussions and
comments and felt it would be best to incorporate this into the visioning
process and the comprehensive General Plan Update because this deals
with the General Plan policy.
Motion by Mayor Adams to 1) receive oral report on the most recent
Planning Commission actions; and 2) receive and file written report.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
M. PUBLIC HEARINGS
21. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
Ord 2001 -5
FRANCHISE TO OCEAN WASTE AND RECYCLING.
Non - Exclusive
Solid Waste
City Manager Bludau reported that this firm meets the requirements of
Collection
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City of Newport Beach
City Council Minutes
June 12, 2001
agreement.
Mayor Adams opened the public hearing. No public testimony was
presented.
Motion by Mayor Pro Tern Ridgeway to adopt Ordinance No. 2001-
5 granting a Non - exclusive Solid Waste Franchise to Ocean Waste and
Recycling.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
22. FISCAL YEAR 2001 -02 PROPOSED BUDGET HEARING.
City Manager Bludau reported that Council conducted three study
sessions to review the budget and that the review process concluded
today.
Mayor Adams opened the public hearing.
Ms. Otting took issue that some of the items that were passed out to
Council today were not made available to the public. Mayor Pro Tem
Ridgeway provided Ms. Otting with his handouts. Mayor Adams noted
that a PowerPoint presentation and information regarding the
swimming pool issue were distributed today. Mayor Adams agreed
with Ms. Otting that a copy of the budget should be made available for
public review.
Ms. Otting suggested that non - residents pay more for recreational
services than residents, especially since it is going to cost the City more
to heat the swimming pools. She also suggested that Council look into
changing the incline and width of the sidewalks around the Bonita
Canyon Sports Complex. Noting that the purchase of a transfer truck
is in the budget, she concluded by stating that she does not think the
City should use front loaders to take trash to Stanton.
There being no further testimony, Mayor Adams closed the public
hearing.
Motion by Council Member O'Neil to direct staff to prepare a
"checklist" of proposed changes to the proposed budget that will be
reviewed by the City Council at the meeting of June 26, 2001, and
direct the preparation of the Budget Resolution for adoption, including
any "checklist" items that are approved at the Council meeting of
June 26, 2001.
The motion carried by the following roll call vote:
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INDEX
Franchise
(42)
FY 2001 -02
Budget
(40)
City of Newport Beach
City Council Minutes
June 12, 2001
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
23. ADOPTION OF THE ANNUAL APPROPRIATION (GANN)
LIMIT.
City Manager Bludau reported that the difference in what the City is
allowed to spend (Gann Limit) and what the City is spending is
$26,941,613 since the appropriation limit is in excess of about
$94 million and the proceeds of taxes is about $67 million.
Mayor Adams opened the public hearing. No public testimony was
presented.
Motion by Council Member Ridgeway to adopt Resolution
No. 2001 -44 approving the City's Appropriation (Gann) Limit for the
2001 -02 fiscal year in the amount of $94,050,612.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
24. SENIOR HOUSING IN THE GEIF DISTRICT (PA2001 -075) — AN
AMENDMENT TO SECTION 20.25.020 (GEIF DISTRICT: LAND
USE REGULATIONS) OF THE ZONING CODE TO ALLOW
SENIOR CITIZEN HOUSING IN THE GOVERNMENT,
EDUCATIONAL AND INSTITUTIONAL FACILITIES (GEIF)
DISTRICT WITH A USE PERMIT.
Mayor Adams opened the public hearing. No public testimony was
presented.
Motion by Council Member Bromberg to introduce Ordinance
No. 2001 -8 approving Code Amendment No. CA 2001 -001 and pass to
second reading on June 26, 2001.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
Volume 54 - Page 315
INDEX
Res 2001 -44
Annual
Appropriation
(Gann) Limit
(40)
Ord 2001 -8
PA 2001 -075
CA 2001 -001
Senior Housing
(94)
City of Newport Beach
City Council Minutes
June 12, 2001
25. PROPOSED HARBOR AND BAY ELEMENT (PA2001 -050) — THE
HARBOR AND BAY ELEMENT IS A NEW OPTIONAL ELEMENT
OF THE GENERAL PLAN INTENDED TO ADDRESS USES OF
THE WATER AND WATERFRONT PROPERTY IN NEWPORT
BAY AND HARBOR.
Mayor Adams opened the public hearing.
Regarding Goal HB -2 (Public Access), Jim Hildreth, 120 The Grand
Canal, believed that the City - installed ladder is inadequate and
improper if it is what the City intends to use for public access. Further,
he believed that the ladder is dangerous, especially if no lifeguard is in
the vicinity.
For the record, Mayor Adams reported that Council received a letter
from Ardell Investment Company regarding the Harbor and Bay
Element.
There being no further testimony, Mayor Adams closed the public
hearing.
Mayor Pro Tern Ridgeway reported that he has been working on this for
2.5 years with the Harbor Committee. He commended the Harbor
Committee for its dedication and believed that the document is well put
together.
Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2001-
45 approving the Negative Declaration and adopting General Plan
Amendment No. GPA 2000- 002(C).
Council Member Proctor commended Mayor Pro Tern Ridgeway and the
Harbor Committee for putting this document together, especially since
no other community has anything like this. Mayor Pro Tem Ridgeway
also thanked City Attorney Burnham and Senior Planner Alford for
making it a more condensed and understandable document that is
consistent with other City documents.
Council Member Proctor stated that he is heartened that a solution to
the Bay problems will be found if the same amount of effort and
creativity that was put into the Harbor and Bay Element is put into
solving the Bay problems.
Council Member Bromberg stated that about 65 percent of his district
is on water. He noted that the Harbor Committee started long before
he was on Council and that he has since had the chance to meet a lot of
the members. He expressed the opinion that the talent of the
Committee and their knowledge of the water is incredible, and believed
that this type of talent could not have been bought to get the Element
accomplished so quickly.
Regarding Council Member Heffernan's questions, Mr. Bludau
explained that this is an optional element because the State does not
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INDEX
Res 2001 -45
GPA 2000- 002(C)
PA 2001 -050
Harbor and
Bay Element
(45)
City of Newport Beach
City Council Minutes
June 12, 2001
N.
require the City to have one. City Attorney Burnham stated that
Senior Planner Alford looked at the City's Land Use Plan of the Local
Coastal Program (LCP), compared it with the proposed Harbor and Bay
Element, and determined that it is consistent. He clarified that the
Element will not be a part of the LCP, but will be in addition to the
Land Use Plan of the LCP and any other components of the LCP the
City develops over the next two years. The City will then be able to
submit the LCP to the Coastal Commission for certification. He added
that the LCP will be separate from the Element, except that it might be
incorporated by reference. He stated that they will be talking to the
Coastal Commission staff about that. Mr. Bludau added that the
Coastal Commission staff has reviewed the Element, made comments,
and the City has responded to those comments.
Mayor Pro Tem Ridgeway stated that one of the problems they were
confronted with was that they almost encroached into creating a
regulatory document. However, the Committee worked very hard to
maintain the Element as a policy document. He hoped that there will
be more policy and less specificity and regulation in the General Plan
Update process in order for Council to evaluate projects based on
established criteria.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
26. USE PERMIT 3626 (BUZZ) REVOCATION — 3450 VIA OPORTO —
AN APPEAL BY THE APPLICANT OF THE PLANNING
COMMISSION'S REVOCATION OF USE PERMIT 3626.
City Attorney Burnham reported that Council previously referred this
item back to the Planning Commission. It is staff's recommendation
that Council rescind the prior action and authorize the appointment of
a hearing officer to conduct a hearing on the use permit revocation
appeal.
Even though his client supports the recommendation, Barry Hanlon,
41 Corporate Park, Irvine, reported that they met with staff on May 23,
2001, and agreed on a course of action that was different than tonight's
recommendation. He hoped that this will work and believed that some
of the other things they are doing will be beneficial to everyone. He
also expressed hope that this will get resolved quickly.
In response to Dolores Otting's question, Mr. Burnham reported that
the City has only had one other hearing of this nature previously and
that it was for the Thunderbird. Ms. Otting stated that she and her
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INDEX
UP 3626
Buzz Revocation/
3450 Via Oporto
(8g)
City of Newport Beach
City Council Minutes
June 12, 2001
I►`I1
husband previously frequented the Warehouse (now Buzz) and saw
many of the police calls that initially went into the Warehouse go
directly to the Thunderbird. She expressed hope that this will not
become the same type of hearing that the Thunderbird underwent.
Motion by Mayor Pro Tem. Ridgeway to 1) rescind the City
Council's action on February 13, 2001 referring the revocation back to
the Planning Commission; and 2) direct the Planning Director to
designate a hearing date and a hearing officer to conduct the revocation
appeal hearing and submit proposed findings and recommendations to
the City Council for final action.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Ridgeway, Proctor, Bromberg, Mayor
Adams
Noes: None
Abstain: None
Absent: Glover
O. MOTION FOR RECONSIDERATION - None.
P. ADJOURNMENT - 9:25 p.m.
The agenda for the Regular Meeting was posted on June 6, 2001,
at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Recording Secretary
Mayor
...O
City / Clerk
LIF
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