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HomeMy WebLinkAbout01 - Minutes - 02-22-2005City Council Meeting March 8, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes F "�rr Study Session D •` February 22, 2005 - 4:30 p.m. INDEX ROLL CALL Present: Heffernan, Rosansky, Webb, Daigle, Nichols, Mayor Bromberg Absent: Ridgeway (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Nichols referred to Item Nos. 8, S17, S18 and S19, all dealing with the City's insurance policies. He asked for a clarification on the City's philosophy regarding insurance coverage and how the competitive bid process works. Risk Manager Farley explained that the City uses an exclusive broker, Mark Zahoryin of Brown & Brown, who obtains competitive bids from all of the available carriers that are authorized to underwrite insurance in California. City Manager Bludau added that the City Council authorized the selection of Brown & Brown and Mark Zahoryin as the City's broker approximately one and one -half years ago. Council Member Nichols asked if Mark Zahoryin represents specific companies. Risk Manager Farley responded in the negative, and stated that he is independent. He acts as a consultant by assisting the City in making its insurance company selections. Council Member Nichols asked if the insurance companies are rated. Risk Manager Farley responded in the affirmative and stated that the City Council adopted the City's standard, which is to select only companies with a rating of A -VII or higher. Mr. Zahoryin explained that the alphabet designation is the overall running of the company and the roman numeral represents its financial size. Mr. Zahoryin added that the City's liability carrier is rated A + +XV, the excess workers compensation carrier is rated AXV, the property carrier A +VIX and pollution legal liability carrier A +XV. Council Member Nichols asked how the City determines its needs for the various coverages. City Manager Bludau stated that the budget committee has addressed this in the past. Risk Manager Farley added that the staff report for Item No. S19, Excess General Liability Insurance Renewal, includes a history of the City's coverage since 1994, and that a comprehensive review is conducted to make sure that the City is fully protected. Council Member Nichols asked how coverage for the rental of City facilities is handled. Risk Manager Farley stated that the City's special events program includes the requirement that the renter provide proof of insurance or purchase coverage available through the City. 2. OVERVIEW ON THE NEED TO AMEND FIRE AND BUILDING CODES OF THE NEWPORT BEACH MUNICIPAL CODE. Building Director Elbettar stated that the Fire and Building Codes are amended when necessary to keep up with changes in the community, new industry advances, and new requirements from the State. Using a PowerPoint Volume 57 - Page 87 (100 -2005) City of Newport Beach Study Session Minutes February 22, 2005 INDEX presentation, Building Director hlbettar displayed the six codes that staff is proposing be amended and explained that there are two types of amendments. The local amendments are to the City's codes and the model code amendments are to the codes adopted by the State, which the City must follow. Continuing with the PowerPoint presentation, Fire Marshal Lockard stated that a couple of the amendments to the Fire Code are the result of some of the unique buildings that are being constructed in the City and the need to reach them with fire protection equipment. He explained that some of these new buildings actually go below Fire Department access, rather than above, and the proposed amendments address requirements for fire sprinklers and standpipes. After a brief discussion, Fire Marshal Lockard explained that the amendments would apply to new buildings that go forty feet below grade. He stated that the Fire Department is concerned that these buildings, under the current codes, would not have adequate fire protection. City Manager Bludau confirmed with Fire Marshal Lockard that this would not apply to Newport Coast because the City does not yet have the authority to regulate such construction. Fire Marshal Lockard stated that two other proposed amendments to the Fire Code deal with fire alarm requirements for high rise buildings and enforcement of fuel modification zones. Council Member Heffernan asked if the City has the authority to regulate remodels in Newport Coast. Fire Marshal Lockard stated that there's a process that the City and the County agreed to. He explained that Newport Coast consists of 25 planning areas. As a planning area is completed, it is turned over to the City. Currently, nine areas have been completed. In response to City Manager Bludau's question, Fire Marshal Lockard stated that single - family dwellings would be exempted from the proposed amendments for sprinklers and standpipes. Building Director Elbettar added that it would not, however, exempt single - family dwellings from the sprinkler system requirements that already exist for dwellings of 5,000 square feet or greater. Fire Marshal Lockard displayed the last amendment being proposed to the Fire Code, which deals with additions to the wildland side of structures and what fire protection features need to be installed. Building Director Elbettar displayed an amendment to the Administrative Code being proposed for fences higher than three feet. He explained that a building permit was required for such fences, but it is being proposed that it only apply to fences of concrete or masonry construction, which are the fences that might provide a hazard during such events as an earthquake. Council Member Rosansky asked how fences that are a combination of materials would be handled. Building Director Elbettar stated that if the masonry portion of the fence exceeds three feet, it would require a building permit. Council Member Daigle asked what the Zoning Code permits. Planning Director Temple stated that the City typically limits side property line fences in conventional zoning districts to a height of six feet. In residential planned communities, it's typically eight feet and within any front yard setback, the limit is three feet. Volume 57 - Page 88 City of Newport Beach Study Session Minutes February 22, 2005 INDEX In response to Uouncil Member nosanskys question, building Director h1bettar stated that glass fences would be considered light material, like wrought iron and wood, and would be exempted. Council Member Rosansky suggested that requiring building permits for glass fences be considered. Council Member Daigle asked if a building permit should be considered for fences that are limited to three feet by the Zoning Code. Building Director Elbettar stated that there are many provisions in the Zoning Code that do not require building permits. He stated that the intent of the proposed amendment is to simplify the process for people who are building wood fences greater than three feet in height. Building Director Elbettar displayed additional proposed amendments to the Building Code and stated that the amendments will correlate the Building Code to provisions in the Fire Code. Mayor Pro Tem Webb asked for a clarification on the difference between Model Code, Building Code and National Building Code. Building Director Elbettar displayed the 2001 California Building Code and stated that it represents the Model Code, which is adopted by the State. He stated that Newport Beach is mandated to follow it and that it, along with the City's local amendments, comprise the Newport Beach Building Code. He added that there is no longer a National Code. Council Member Nichols asked if the National Fire Protection Association (NFPA) codes are being followed by the City. Building Director Elbettar responded in the affirmative. Fire Chief Riley explained further that the model Fire Code is the Uniform Fire Code and that all of the NFPA standards are adopted in the Uniform Fire Code by reference, and are requirements of the City. Building Director Elbettar displayed a proposed amendment to the Building Code dealing with construction standards in high fire hazard areas. He displayed an illustration showing acceptable eave construction, and a photo of a burning home that did not have eaves constructed to standard. Building Director Elbettar displayed additional amendments to the Building Code that correlate it with the Fire Code provisions. In response to Council Member Rosansky's question, Building Director Elbettar stated that R -3 in the Building Code represents single -family dwellings. Building Director Elbettar displayed a table summarizing the proposed amendments to the City's roofing requirements. In response to Mayor Pro Tem Webb's question, Building Director Elbettar stated that wood shakes do not meet Class A requirements. Certain types of wood shingles do, but they are not time tested and are not appropriate for use at this time. Building Director Elbettar displayed the two amendments being proposed for the Residential Building Records (RBR's) process. The first is to change the responsibility of the delivery of the report from the seller to the escrow holder. He explained that sellers don't normally have contact with the buyers, and the escrow company is already dealing with the paperwork. Secondly, it is being proposed to Volume 57 - Page 89 City of Newport Beach Study Session Minutes February 22, 2005 INDEX take away the exemption currently in the code for first sale of condominium conversions. He explained that this would make sure that the proper permit is obtained to complete the condominium conversion and that the parcel map is recorded correctly. Council Member Rosansky stated that typically its the seller, or the seller's agent, that orders the RBR report. The escrow holder might not even be aware of the City's requirement for such a report. Additionally, he stated that the escrow holder doesn't normally handle the disclosure documents. Council Member Rosansky expressed his opposition to requiring the escrow holder to deliver the report. City Attorney Clausen stated that she can work with staff on a process that would require the seller to make sure that the RBR is disclosed to the buyer through the escrow process. She added that the City of Los Angeles has such a requirement. Building Director Elbettar displayed the proposed amendments to the flood damage prevention ordinance, and stated that the intent of the changes is to update the City's code and keep it in line with the Federal Emergency Management Agency (FETVLA) requirements and definitions. He displayed the last amendment being proposed and stated that it would require construction site fencing and screening. He noted that a similar proposal was not approved by the City Council in March of 2000, but that the Building Code Board of Appeals has recommended that the proposal be brought to the City Council again. He noted that this would be for major remodels and new construction only. He displayed a list of the benefits of requiring the fencing, and photos illustrating some of the problems with maintaining the public right -of -way during construction without fencing. Council Member Heffernan asked why the City Council did not approve the amendment in 2000. Building Director Elbettar recalled that the issue was cost and that the requirement would add $1,000 to $1,500 to a project's total cost. Building Director Elbettar stated that it would likely cost half of that, but would depend upon whether the entire project is being fenced or just the street front. He stated that fencing would only be required on the public right -of -way sides of the property. Council Member Nichols stated that the fencing could hide various activities, such as illegal tree removals and unapproved curb cuts, and that he couldn't support it. He added that he could see a reason for the fencing if it were to prevent a safety hazard. Referring to the amendment which would not require a building permit for certain fences, Council Member Daigle asked how the zoning standards would be administered in the absence of a building inspection. Building Director Elbettar stated that the purpose of the Building Code is to protect life and safety. Other methods, such as code enforcement, administer the zoning provisions. In response to Council Member Nichols' question, Building Director Elbettar stated that all of the City's codes are posted on the City's website, and are also available for purchase. He added that when amendments are made, notices are sent to the builders, architects and engineers in the Building Department's database. Volume 57 - Page 90 City of Newport Beach Study Session Minutes February 22, 2005 INDEX In response to Council Member Daigle's earlier comments regarding fencing, Planning Director Temple stated that she would work with the Building Director on how to accomplish the amendment without losing the ability to make sure fences comply with the Zoning Code. She stated that the Public Works Director might have similar input with regard to the City's sight distance requirements. Lastly, Planning Director Temple stated that some of the amendments proposed for the flood ordinance will also require parallel changes to some of the sections in the Zoning Code. Council Member Daigle agreed that the Building Department should integrate any concerns of the Planning and Public Works departments. Mayor Bromberg received a general consensus from the council members that staff should proceed with placing the proposed amendments on a future City Council agenda, after addressing the concerns that were raised. 3. LA -3 DISPOSAL SITE. (100 -2005) Using a PowerPoint presentation, Harbor Resources Manager Rossmiller stated that the LA -3 disposal site is an ocean disposal site for sediments that are dredged out of the harbors. He stated that LA -3 has historically been used for dredging projects in upper and lower Newport Bay and Dana Point Harbor, and that the City is currently working with the Environmental Protection Agency (EPA), the Army Corps of Engineers and the County to designate LA -3 as a permanent site. It has been used as an interim site for a number of years, but lost its interim designation in January of 2003. Harbor Resources Manager Rossmiller displayed a map showing the location of LA -3, which is about four and a half miles off the Newport Harbor entrance, and LA -2, which is about six miles off the coast of Point Fermin in the Los Angeles area. He stated that it is unique for a region to have two dump sites. He also noted the water depths illustrated on the map. Harbor Resources Manager Rossmiller stated that the EPA is the lead agency for the designation of ocean disposal sites and that the process is very involved. He displayed a graph showing the process and the status of the current designation, which is at the stage where comments to the Environmental Impact Statement (EIS) are being received. Harbor Resources Manager Rossmiller displayed a list of the criteria considered by the EPA when designating a site, as well as a list of the reasons why the LA-3 site is needed. Harbor Resources Manager Rossmiller stated that the EIS evaluated four alternatives. The first alternative is a "no action" alternative, which would not designate the LA -3 site as a permanent site and would use the LA -2 site without a specific annual volume limit. The second alternative is maximum use of LA -2, which would not designate LA -3 as a permanent site, but would set an annual volume limit for LA -2. The third alternative is local use of both LA -2 and LA -3, which is the preferred alternative and the one supported by the City. The fourth alternative is maximum use of LA -3. Harbor Resources Manager Rossmiller displayed the major points of concern noted from the initial public hearings held on the EIS. In response to the concerns related to onshore pollution, he displayed a slide showing the ocean floor topography and explained that current velocity, current direction and bathymetry all support use of the LA -3 site. City Manager Bludau asked how the site is Volume 57 - Page 91 City of Newport Beach Study Session Minutes February 22, 2005 INDEX marked so that people know where it is legal to dump. Harbor Resources Manager Rossmiller stated that the site is marked by a Global Positioning System (GPS) location at its center. He then displayed a graph showing the historical uses of the LA -3 site. Another concern noted at the public hearings was that the site would receive a lot of material from the Ports of Los Angeles and Long Beach. He displayed a table showing the dredging plans for the ports for the next 25 years. Council Member Daigle asked how the dredging plans of the ports compare to the dredging plans for Upper Newport Bay. Harbor Resources Manager Rossmiller stated that the project that the City is currently trying to get funding for would involve 2.1 million cubic yards of material, and that additional dredging shouldn't be needed for another 20 years. This compares to the ports where approximately 16 million cubic yards are expected to be dredged. He noted, however, that the ports expect to use all but 263,000 cubic yards on -site. Harbor Resources Manager Rossmiller displayed the results of a study done on the radii of economically feasible disposal zones from different locations. He noted that it is unlikely that material from the ports would be transported to the LA -3 site. The LA -3 site would be used primarily by Newport and Dana Point. The LA -2 site would be able to accommodate the needs of the ports. He noted that San Diego County uses the LA -5 disposal site off of Point Loma. Lastly, Harbor Resources Manager Rossmiller stated that a Site Management and Monitoring Plan (SMMP) has been developed to ensure that the impacts of using the LA -3 site are minimized. Harbor Resources Manager Rossmiller stated that the EIS is available for review at all City of Newport Beach libraries and can also be accessed on the EPA website at www. eoa .gov /region9 /water/la3/la3deis web.odf. Comments on the EIS can be e- mailed to R9- LA3- DEISQeoa.eov or mailed to Allan Ota, USEPA Region 9 (WTR -8), 75 Hawthorne Street, San Francisco, California, 94105. Comments will be accepted until March 7, 2005. Mayor Pro Tem Webb asked if opponents to the LA -3 site had been contacted and provided with additional information on the science that was used to make the determination that the site will not cause onshore pollution problems. Harbor Resources Manager Rossmiller responded in the affirmative and stated that the outreach is continuing. Mayor Pro Tem Webb asked if there is any indication that the Coastal Commission will oppose designation of the site. Harbor Resources Manager Rossmiller responded in the negative. Mayor Pro Tem Webb stressed how important the designation is to the City and the efforts to dredge Upper Newport Bay. He stated that if the upper bay is not dredged, it will become a meadow. Council Member Heffernan asked why the upper bay is being considered for dredging first instead of the lower bay where people live and have property and boats. Harbor Resources Manager Rossmiller stated that both are actually being pursued concurrently. He explained that there are a series of sediment trapping facilities in the San Diego Creek and the watershed. These are effective in trapping the course sediments, but the fine grain sediments don't get trapped until they hit saltwater and slow down in velocity. He stated that the upper basins need to be dredged first to catch all of the fine grain sediments from the watershed. Dredging the upper bay helps the lower bay. Volume 57 - Page 92 City of Newport Beach Study Session Minutes February 22, 2005 Council Member Nichols asked for a more detailed description of the LA -3 site. Harbor Resources Manager Rossmiller described it as a very large bowl that slopes down from the shoreline to open water. Council Member Nichols expressed his support for the site and the preferred alternative in the EIS. Council Member Daigle asked if dredging had ever been considered as a mitigation measure with the ports of Los Angeles and Long Beach. Harbor Resources Manager Rossmiller stated that money has been received in the past from the Port of Long Beach to do some of the dredging in Upper Newport Bay as a mitigation project for some of their port projects, and that this opportunity will be pursued again in the future. He added that the ports are also being asked to take some of the sediments from the lower bay. He explained that some of the sediments are not suitable for disposal at LA -3 and the EPA is asking the ports to think regionally. Council Member Nichols stated that he wouldn't mind the upper bay becoming a meadow and that it would help trap the silt. PUBLIC COMMENTS — None. ADJOURNMENT — at 6:00 p.m. to Closed Session. x* xxx, r, r, r, r, r, r, r, r, r ,r,r,r,tir,r,r,r,r,r,r,r,r,r,rxx The agenda for the Study Session was posted on February 16, 2005, at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Mayor Volume 57 - Page 93 INDEX City of Newport Beach Study Session Minutes February 22, 2005 INDEX THIS PAGE LEFT INTENTIONALLY BLANK Volume 57 - Page 94 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 22, 2005 - 7.00 p.m. STUDY SESSION - 4:30 p.m INDEX CLOSED SESSION -6:00 p.m xx�xxxxxxxxxxxxxxxx A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Webb, Daigle, Nichol ;, Mayor Bromberg Absent: Ridgeway (excused) C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Heffernan E. INVOCATION - Reverend Eugene Lee, Our Lady Queen of Angels Church F. PRESENTATIONS Sarah Wyland, Corona del Mar High School graduate and representative of LIFT (Leadership Institute For Teens), discussed her trip to Thailand and displayed photos. She reported that the tsunami relief benefit concert will take place on Sunday, March 6 from 1:00 p.m. to 4:00 p.m. at CdM High School. She thanked Council for their support and provided each of them with tsunami relief wristbands which will also be given:: away at the event. She indicated that donation checks can be made payable to Corona del Mar High School ASB and questions can be directed to Denise Wyland at 949 - 575 -6091. Jami Niles, KOCF., reported that 13 of 34 Orange County cities are involved in the Butterfly Initiative, including Newport Beach. She stated that schools can create butterfly gardens and there are contests in conjunction with the Youth Expo being held at the Orange County Fairgrounds in April. She reported that several artists, scientists, and celebrities have created butterflies that are currently on display at Roger's Garden and they will hold an auction on March 4 at Roger's Garden. She reported that people can get more information by logging onto www.butterflvinitiative.org or calling her at 714.895 -0815. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Daigle reported that the Corona del Mar High School task force will be meeting on Wednesday, March 2 at 3:30 p.m. at the High Volume 57 - Page 95 City of Newport Beach City Council Minutes February 22, 2005 INDEX School to discuss traffic circulation problems. She stated that staff has been looking at solutions and improvements. Council Member Daigle reported that she toured the General Services Department and was impressed with how grounded the City is in delivering basic services. She announced that, last year, the City picked up 40,000 tons of refuse and swept 56,000 miles of street. Mayor Pro Tem Webb stated that there was an article in the Daily Pilot that stated a number of things as fact about the General Plan that.he does not feel are really the facts. He suggested sending another ]suer to the r citizens to update them on what's going on. Mayor Bromberg expressed support for doing this. • Mayor Bromberg announced that the blue trash cans on Marine Avenue on Balboa Island are temporary. He reported,that.thcy are about two weeks behind because the people that clean up storm damage are the same people that are going to be installing the new trash receptacles I. 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. ORDINANCES FOR ADOPTION 3. 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 250 GROSS SQUARE FEET TO 1 PER EACH 200 GROSS SQUARE FEET. Adopt Ordinance No. 2005 -1 (Alternative B). RESQLUTIONS FOR ADOPTION 4. SAFE.SURRENDER SITE PROGRAM. Adopt Resolution No. 2005 -10 (100 -2005) requesting the OC Board of Supervisors to include all fire stations within the City of Newport Beach as designated safe surrender sites for newborns. CONTRACTS AND AGREEMENTS 5. COUNTY -WIDE EMERGENCY RESPONSE AGREEMENT FOR C -3755 EXCHANGE OF OPEN WATER LIFEGUARD SERVICES. Approve Open Water the Emergency Response Agreement for Exchange of Open Water Lifeguard Services Lifeguard Services between the California Departments of Parks and (35/100 -2005) Recreation, the County of Orange, the City of Huntington Beach, the Lake Mission Viejo Association, the City of Newport Beach, the City of San Volume 57 - Page 96 City of Newport Beach City Council Minutes February 22, 2005 Clemente, the City of Seal Beach, and the City of Laguna Beach. 6. Removed at the request of an audience member. ALLEY REPLACEMENT PROGRAM 2004 -2005 — AWARD OF CONTRACT (C- 3630). 1) Determine that the project is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act Implementing Guidelines; 2) approve the plans and specifications; 3) award the contract (C -3630) to Nobest, Inc. for the total bid price of $827,000 and authorize the Mayor and the City Clerk to execute the contract; 4) establish an amount of $82,700 to cover the cost of unforeseen work; and 5) approve a budget amendment. (05BA -044) increasing revenue estimates in the Contributions Fund. 250 -5901, by $390,700 and appropriating $390,700 to account 7251-05100277. 8. POLLUTION LEGAL LIABILITY RENEWAL. Approve the renewal of the pollution and legal liability insurance coverage with X1. Insurance for the three (3) year policy period beginning 3101/05 to 3/01/08 for the quoted premium of $267,424 or $89,141 annually. MISCELLANEOUS ACTIONS 9. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY04 -05 EXPENDITURE ACCOUNTS. Approve a budget amendment (05BA -043) to increase revenue estimates by $8,550 in Account No. 4010 -5901 and $1,275 in Account No. 450 -5901 (Mariners Library) and increase expenditure estimates by the same amount in Division 4060 (Literacy), 4090 (Foundation) and 7451- CI500756 (Mariners). 10. STAFF PROPOSAL TO CREATE A RECORD SPECIALIST POSITION IN. THE BUILDING DEPARTMENT RESPONSIBLE FOR THE MANAGEMENT AND MAINTENANCE OF DEPARTMENT RECORDS AND FACILITATING AND TRACKING THE FLOW OF CUSTOMER'S PLAN SUBMITTALS. Approve a budget amendment (05BA -042) appropriating $17,395.23 from General Fund Unappropriated Fund balance to provide salary and benefits for a new full time position for the remainder of Fiscal Year 2004 -2005. 11. Removed at the request of an audience member 517. Removed at the request of an audience member. 518. Removed at the request of an audience member. 519. Removed at the request of an audience member. Motion by Mayor Pro Tem Webb to approve the Consent Calendar, except for those items removed (1, 6, 11, 517, S18 and S19). The motion carried by the following roll call vote: Volume 57 - Page 97 INDEX C -3630 Alley Replacement Program (38/100 -2005) (100 -2005) (100 -2005) (100 -2005) City of Newport Beach City Council Minutes February 22, 2005 INDEX Ayes: Heffernan, Rosansky, Webb, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Ridgeway J. PUBLIC COMMENTS Jim Hildreth discussed a harbor permit, a residential permit, and the access structure in the Grand Canal. He also displayed photos. Kriss Gates reported that it has been 16 months since they found out that the home that they were building was too high due to their architect. -She discussed her uncovered roof and the settlement agreement. She requested that her house be inspected and approved, and asked for a contact person. City Manager Bludau stated that the City is already working with the Gates to resolve these issues and indicated that the settlement agreement between the Gates, the neighbor, and the City needs to be taken care of before further work can take place. Building Director Elbettar stated that they don't object to the Gates covering the areas that are conforming; however, they.are. still waiting for elevation certification and documentation so they can determine which parts of the roof comply. He indicated that the Gates are allowed to protect their property like anyone else and stated that the Gates can call him. K. ORAL REPORTS FR�N.i CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) — No report. Local Coastal Program Certification Committee — Assistant City Manager Wood announced that their next meeting is February 28 at 3:30 p.m. in the Fire Conference 'Room. Newport Coast Advisory Committee — Council Member Heffernan announced .that they are working with staff on community center parking issues. He hoped that a solution will be presented to the NCAC on March 7. Mariners Joint Use Library Ad Hoc Steering Committee — Mayor Pro Tem Webb reported that construction has begun and believed that the project would've been moving forward had it not been for the rain. City Centennial 2006 Committee — Mayor Pro Tem Webb reported that their next meeting is Thursday, March 3 at 3:30 p.m. at the Nautical Museum. He stated that people can log onto www.newnortbeach]00.com to volunteer or learn more. He announced that Centennial pins will be available in the Recreation and Senior Services Department for $5 each. City Council/Citizens Ad Hoc Committee for Marinapark Planning — Mayor Bromberg reported that he chairs the Citizens Ad Hoc Committee for Marinapark Planning which will have its first meeting on March 22 at 2:00 p.m. Volume 57 - Page 98 City of Newport Beach City Council Minutes February 22, 2005 in the Council Chambers. He announced that the City Council Ad Hoc Marinapark Advisory - Committee is chaired by Council Member Ridgeway and they will meet with the State Lands Commission to set boundaries and investigate whether the mobilehomes should remain or not. L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR FEBRUARY 17, 2005. Planning Director Temple reported that Item 3 (Ellis Residence) was removed from the calendar and Item 5 (Rudy's Pub and Grill) was continued. Regarding St. Andrews Presbyterian Church (Item 1). Ms. Temple reported that the resolutions were finalized and will be ready for Council's consideration when the item comes back to Council. Regarding the Civic Center Plaza Sign Regulation (Item 4), Ms. Temple reported that the applicant and the property owner were interested.in adding small tenant identification signs to their monument sign. She stated that this was recommended for approval to Council. Ms. Temple reported that there was a discussion item on the agenda regarding the zoning code revision to streamline the regulations and ease some of the difficulties they've been experiencing during plan checks. She stated that the Commission looks forward to participating in this process with the ad hoc committee if it is formed tonight. M. CONTINUED BUSINESS 13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION Using paper ballots, Council voted on either Gerald Allison or Gilbert Lasky for the City Arts Commission position. Gerald Allison (Heffernan, Daigle) Gilbert Lasky (Rosansky, Webb, Nichols, Mayor Bromberg) City Clerk Harkless announced that Gilbert Lasky has been appointed to fill the vacancy on the City Arts Commission with a term ending June 30, 2006. 14. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR REVISIONS TO THE ZONING CODE. Planning Director Temple reported that the Mayor, City Manager Bludau, Assistant City Manager Wood. and herself participated in the preparation of the staff report and are recommending that an ad hoc committee be formed to help guide the process of considering revisions to the zoning code. She indicated that they wanted a well - rounded committee but one that was not too large. She stated that they are suggesting that the committee be comprised of one Council Member, two Planning Volume 57 - Page 99 INDEX (100 -2005) (100.2005) City of Newport Beach City Council Minutes February 22, 2005 Commissioners, two architectsidesign professionals, one builderideveloper, and two members of the public. She added that the Planning, Building, and Public Works Departments will staff the committee, and the City Attorney's office will probably participate. Mayor Bromberg requested that a staff report come back so his appointments can be ratified by Council. Motion by Mayor Pro Tem Webb to adopt Resolution No. 2005 -11 approving the formation of an Ad Hoc Committee for Revisions to the Zoning Code, to be comprised of eight (S) members as noted in the staff report. All The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Daigle, Nichols, Mayor Bromberg Noes: None " Abstain: None Absent: Ridgeway N. CURRENT BUSINESS 15. ORDER OF CONSTRUCTION OF PUBLIC.. IMPROVEMENTS ALONG GRANT STREET FRONTAGE - 7000 AND 7012 WEST COAST HIGHWAY. Public Works Director Badum reported .that. on OcUiber 12, 2004, Council ordered the construction of curb and gutter frontage improvements adjacent to the .Newport Sands Mobile Home Park. He stated that, since then, the property owner's representative has requested driveways on Grant Street; however, staff and the public are concerned about the loss of public parking. He indicated that the letter in the staff report from the property owner claims that there were five driveways on the street frontage when it was undeveloped. but staff reviewed aerial photos from 1989, 1995,.and 2001 and could only identify two, possibly three, areas in which a car could fit. Mr. Badum reported that the street is about 150' long, operates as a narrow one -way, only has a 30' wide right -of -way, and has parking on both sides. He stated that they tried to work with the representative to reach a compromise, like reducing the number of driveways; however, in order to have the driveway cut, it may be necessary to red curb the opposite side of the street in order to allow safe turning movements. He stated that a bigger issue is that the property owner plans to install the new units with a 1' setback from the City's right -of -way. He indicated that this makes it impossible for anyone to see onto Grant Street. He reported that, for these reasons, staff is recommending that Council reaffirm its direction to install full height curb and gutters along Grant Street. Mr. Badum pointed out that the California Department of Housing and Community Development (HCD) regulates the development of mobile home parks and manufactured homes. He reported that the City's zoning code does not allow the City to regulate construction on mobile home Volume 57 - Page 100 (100 -2005) City of Newport Beach City Council Minutes February 22, 2005 INDEX parks; however, the City has complete authority to control the development of the existing streets. He noted that access to this property has historically been off of Coast Highway. In response to Mayor Pro Tem Webb's questions, Mr. Badum stated that the setback from the back of sidewalk is at least 5' in that area, but could be 10' in some areas depending on the width of the street. Jim Joffe indicated that the mobile home park has been there since before World War II and believed that there were six spaces along Gram Street. He reported that there are over 5,500 mobile home and trailer parks in California and believed that they have been a responsible neighbor by putting in manufactured housing, as reported in the Reporter. He stated that, even though they're regulated by HCD, they've listened to the City, will only be putting in two bedroom units along Grant Street, the units are now set back further from the street, all the units have two car parking, and they've already reduced the number of units from 22 to 17. He indicated that, without driveway cuts, none of the residents of those units will be able to park onsite. He added that the homes they plan to put in will have more parking than what is on Grant Street. He stated that he has been communicating with Transportation/Development Services Manager Edmonston and Associate Civil Engineer Tse who led him to believe that they would at least get two curb cuts. He stated that he is not sure why the City would want to put ten more cars on the street since the curb cuts will accommodate street parking on both sides and allow their residents to park onsite. He added that the three -cut design allows easier access to parking. Sherwyn Turbow stated that he is the owner of the Newport Sands Mobile Home Park and Mr. Joffe is the president of the management company. Mayor Bromberg indicated that Mr. Joffe should know that these types of decisions are not made by staff Mr. Joffe explained that they were told to work with staff and, once staff gave them a recommendation, they would have their engineer craft it. Mr. Badum stated that currently there is public parking on both sides of the street; however, the City would need to reduce the amount of parking if the driveways were installed. He stated that they pride themselves on trying to come up with solutions but the property owner and representative rejected the idea of having two driveway cuts. He added that he believed that Mr. Tse also didn't realize that there was a 1' setback. Joe Kruger stated that he lives in the last trailer in the park, the park took his parking space, and never gave it back to him, but would rent him a space. He reported that people use their parking areas as a yard and believed it was never intended for cars. He indicated that, when he had a parking space, he couldn't park there because he couldn't open the car door or pull out of the driveway and into the street since the street was too short. He believed that everyone is accommodated with street parking. He noted that they have street sweeping on Mondays and Tuesdays, and that it would be a disaster to red curb the street. He requested pedestrian use on the curb because the park doesn't maintain its side. He added that %7olume 57 - Page 101 City of Newport Beach City Council Minutes February 22, 2005 INDEX there are holes everywhere. In response to Council Member Nichols' questions, Mr. Turbow stated that they currently have seven modular units in place. Mr. Joffe reported that the driveways are 12' or 13' long, and the carports are at least 10' wide and could accommodate two large vehicles. Mr. Nichols believed that the residents could park underneath the carport if it was wide enough. Mr. Joffe indicated that they could make two curb cuts work. Mr. Turbow noted that they already cut down the number of units from six to five so they could have driveways for each home. In response to Council Member Daigle's question, Mr. Turbow reported that they will have a total of 17 units on 29,700 square feet. Council Member Daigle asked if more parking could be provided if they reduced the number of units. Mr. Turbow indicated that they already reduced the number of units in the park from 22 to 17. He believed that they can't have 15 units because of how the lots are configured. In response to Mayor Pro Tem Webb's question, Mr. Turbow pointed out that they removed Units 5 and 9 because the other units already had mailing addresses. In response to Council Member Nichols' questions, Mr. Joffe.believed that two or three cuts would still leave..the same amount of parking spaces on the street. He added that, when they reduced the number of units, they used some of the spaces for guest parking.,-.--He displayed a map and explained the location of the parking spaces. T.K. Brimer believed that the seven existing units aren't working great and pointed out that the park already has curb cut access off of Highland Street. He noted that the ten lost parking spaces will actually be the park's parking.spaces if they don't get their curb cuts, as opposed to the public's parking spaces that already exist. He pointed out that the ten spots won't actually be lost, but will just change ownership. He believed that the park should have less units since there are too many units on the property already. He added `that the units aren't better than the units on the adjacent streets. He asked Council to follow staffs recommendation. Kurt Gooding stated that he does not believe that the Coastal Commission has been made aware of this project and noted that the Commission is generally sensitive about public access to the beach. He indicated that he attended the October 2004 public hearing and there was a document posted on the property that clearly explained the purpose of the public hearing. He noted that Council voted 5 -0 to approve this and now it's back, but the park is saying they didn't know they weren't given any curb cuts. He hoped that Council follows staffs recommendation. He requested a timeline for the construction of the improvements since it was supposed to be completed by February 15, 2005, and they may now be submitting plans by March 15. Chris Scherer stated that the parking situation on Grant Street got worse once the new units were installed because many of the tenants don't use their parking spaces. He suggested that Council look at the units because Volume 57 - Page 102 City of Newport Beach City Council Minutes February 22, 2005 INDEX they are stacked on top of each other, don't have landscaping, are placed right on the property line on Highland Street, and there is mud against the houses since there are no curbs or gutters. He believed that they are here again tonight so the park could do the same thing on Grant Street and not give up any of their parking spaces. To make everyone happy, he suggested that the park limit the number of new units so there will be plenty of parking. Jim Hildreth believed that this should be sent back and reevaluated by Council. He believed that what was on the park should set precedence, but the impacts also need to be looked at. In response to Council Member Rosansky's questions, Mr. Badum stated that there are about 600 lots between Coast Highway and the canal, and very few access their property via the street as opposed to the alley. Council Member Rosansky stated that he has been watching this project, it is significantly denser than what was there before. and it is out of character with what the neighborhood is evolving into. He believed that allowing the curb cuts on Grant Street would transfer the ten parking spaces to the park and be a detriment to the neighborhood. He noted that the tenants were parking on the street before and stated that he would rather see the spaces be up for grabs to everyone on Grant Street. He added that he does not want to see a red curb on the eastside of Grant Street. Noting that the plan looks like they've moved the units back 3', he believed that it would still be a hazardous situation for cars backing out and since the park is using tandem parking: Motion by Council Member Rosanskv to 1) reaffirm that no driveway curb cuts shall be constructed along the westerly Grant Street public right -of -way fronting the Newport Sands Mobile Home Park site; and 2) set March 15, 2005 as the construction plan submittal deadline for the required off-site improvements. Council Member Nichols believed that, if the carport was wide enough, they'd have a workable parking situation. He stated that the modular housing in other parts of the City, particularly on the Peninsula, are also crowded but are working. He believed that the situation will get worse, not better. if parking were removed that could and should be used. Substitute motion by Council Member Nichols to permit the curb cuts if the property owner makes the carports wider for vehicles and if the driveways have corner cuts. Council Member Daigle noted that the City doesn't have land use authority over the park. She reported that the property owner succeeded in developing detached housing at densities that approach attached housing, and now the property owner's value proposition is that the City is going to relax its standards to accommodate his site plan. She expressed support for Council Member Rosansky's motion. Mayor Pro Tem Webb agreed with Council Member Daigle, adding that it is frustrating when another State agency has jurisdiction over land use planning within the City. He noted that nothing states that the property Volume 57 - Page 103 City of Newport Beach City Council Minutes February 22, 2005 owner has to build out to the right -of -way line as he did on Highland Street or he has to build within 3' of the right -of -way line when it means the buildings are changing the character of the neighborhood. He agreed that this creates something that is far more dense. He pointed out that, although the City has no control over what goes on inside the park, the City is justified in regulating access off of the streets. He added that, if the park is concerned about this, they should look at possibly reducing the number of units and the circulation in the area. The substitute motion failed due to a lack of a second. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Ridgeway Mayor Pro Tem Webb asked if the Public Works .Department needed direction from Council to generate a project, construct it, and lien the property. Mr. Badum noted that part of the motion states that construction plans have to be submitted by March 15- He stated that, if staff feels that the property owner is not complying and moving forward in a reasonable manner, they will take the action that Council already authorized them to do. 16. WORK FORCE HOUSING ("-FH) REWARD GRANT APPLICATION. Assistant City Manager Wood reported that this is a new State grant program and the City is eligible to apply for the funds because it has a Housing Element that has been adopted by Council and certified by the California Department of Housing and Community Development (HCD); Council reviewed and approved the annual progress report which was submitted to HCD;`and Council approved the 120 unit senior affordable housing project and its building permits were issued before the end of 2004. Ms. Wood stated that part of the reason they've been able to do so well is because, after the adoption of the Housing Element, Council authorized a new.Assistant Planner position in the Planning Department to implement the programs in the Housing Element. She stated that Assistant Planner Murillo generated the annual report and followed up on issues, like the grant. She reported that the City could receive about $243,000. She noted that, since the money does not have to be used on a housing project and can be used on any community improvement, they are proposing to use the funds to make up the funding shortfall for the Mariners Park facilities improvement project. Motion by Mayor Pro Tern Webb to adopt Resolution No. 2005 -12 authorizing the City of Newport Beach to apply for and receive WFH grant funds, and execute the contract and any other required documents. Volume 57 - Page 104 INDEX (100 -2005) City of Newport Beach City Council Minutes February 22, 2005 A t;ounm Member Nichols stated that the 120 units are qualifying as low and very low units and asked how much the rent will be. Ms. Wood indicated that she does not have the latest numbers. Council Member Nichols stated that the project has had several overruns and asked if the income from the units will come near the expense to build it. Ms. Wood clarified that the City is not paying to build the units, prevailing wage did not apply on this project because the building permits were issued before the end of the last calendar year, and the rents are set by formula. She explained that, for very low income, the income limit is 55% of the Orange County median and the rent limit is 30% of the income limit; -.and low income is 80% of the Orange County median. She stated that this is set by State law that deals with tax credit financing which is the major source of funding for this project. Ms. Wood emphasized that the City will not be receiving any income from the units because the City doesn't own it. Mayor Pro Tem Webb pointed out that the discussion doesn't really apply to the grant application. He reported that the gentleman committed to building the project has committed to making it affordable housing, and whether he makes a profit or not has nothing to do with applying for the grant application. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Daigle, Mayor Bromberg Noes: None Abstain: Nichols Absent: Ridgeway ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 8, 2005. Jim Hildreth referred to Volume 57, Page 77 of the regular meeting minutes and believed that his comments were not correctly recorded. He asked that they be changed. Motion by Mayor 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, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Ridgeway 6. AGREEMENT GUARANTEEING COMPLETION OF OFF -SITE STREET IMPROVEMENTS ON ORANGE AVENUE FROM OLD NEWPORT BOULEVARD TO CLAY STREET. Jim Hildreth stated that he doesn't know if Council has seen what has been done at this location. Volume 57 - Page 105 INDEX C -3757 Off -site Street Improvements on Orange Avenue (381100 -2005) City of Newport Beach City Council Minutes February 22, 2005 Motion by Mayor Pro Tern Webb to approve an agreement for construction of improvements guaranteeing the completion of off -site street improvements conditioned for the vacation and abandonment of a portion of the Orange Avenue public right -of -way from Old Newport Boulevard to Clay Street. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Ridgeway 11. CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO- 19 SANTA ANA HEIGHTS - MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE (contd. from 1/11/05). Jim Hildreth stated that, if they don't want to have underground utflities, it should not be pursued. Motion by Council Member Daigle to continue the public hearing for the proposed Underground Assessment District No... 19, Santa Ana Heights, until March 22, 2005 when legal issues and-use of RDA Funds should be resolved between the County of Orange and City of Newport Beach. The motion carried by the following roll call cote Ayes: Heffernan, Rosansky, Webb. Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Ridgeway S17. PROPERTY INSURANCE PROGRAM RENEWAL. S18. EXCESS WORKERS COMPENSATION (WC) INSURANCE .RENEWAL. S19. EXCESS GENERAL LIABILITY INSURANCE RENEWAL. Jim Hildreth stated that he will discuss Items S17, S1S and S19 together. He believed that the "S" means to sneak it by and that people were not duly noticed about these items. City Attorney Clauson confirmed that the items can be combined. In response to Council Member Heffernan's questions, Ms. Clauson reported that the "S" stands for supplemental, the items went out on Friday, and it was noticed within the appropriate time as required in the Brown Act. City Manager Bludau added that they did not receive all the insurance quotes until Thursday. Mayor Bromberg explained that Council receives the agenda packets containing the staff reports on Wednesday Volume 57 - Page 106 INDEX Underground Assessment District 19 (89/100 -2005) (100 -2005) 1 (100 -2005) (100 -2005) City of Newport Beach City Council Minutes February 22, 2005 and then, on Friday, there may be supplemental items. He stated that the law dictates when a supplemental item can come out and what the notice should be. He added that the agendas and staff reports are also available online. Motion by Mayor Pro Tern Webb to approve the renewal of the entire property insurance coverage program for a total premium of $559,962 (Item S17); approve the renewal of the excess workers compensation coverage for a twelve month policy with a self - insured retention (SIR) of $1 million and statutory coverage limits for FY 05/06 [appropriate funds exist in budget ( #6010 -8638) to cover the expenditure] (Item S18);;.and approve the renewal of the excess general liability insurance coverage -for a twelve month policy with a self- insured retention (SIR) of $500,000 and a $1 million SIR for Employment Practices Liability Insurance (Item S19). The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Daigle, Nichols, Mayor Brombv,rg Noes: None Abstain: None Absent: Ridgeway P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:45 p.m. in memory of Andy Smith. xx +x�: x:: xaxax +xtrxxxx The agenda for the Regular Meeting was posted on February 16, 2005, at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on February 18, 2005, at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 107 IN11-514 City of Newport Beach City Council Minutes February 22, 2005 W� THIS PAGE LEFT BLANK INTENTIONALLY Volume 57 - Page 108