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HomeMy WebLinkAbout07/23/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 23, 2002 - 7:05 p.m. INDEX STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:05 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway Absent: O'Neil, Glover (excused) C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Proctor. E. INVOCATION - Rabbi Richard Steinberg, Shir Ha- Ma'alot Temple. F. PRESENTATION Presentation of Commemorative Poster by the Municipal Water District of Orange County. Wayne Clark, the City's representative to the Municipal Water District of Orange County, presented the City with a commemorative plaque. He stated that the plaque commemorates 50 years of importing water to Orange County. 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): Mayor Pro Tem. Bromberg requested that the minutes and the agendas of the Harbor Commission meetings be included in the City Manager's newsletter. Council Member Heffernan requested a report on the cell phone ordinance and the possibility of the City becoming the landlord on the third generation cell phone sites. Additionally, he requested that the report include an update on the right -o£ -way ordinance. Council Member Heffernan announced that the Newport Coast slope issue would be included on the agenda of the August 13, 2002, Study Session. Volume 55 - Page 293 City of Newport Beach City Council Minutes July 23, 2002 I. INDEX • Council Member Heffernan requested a report on the potential for competitive bidding of the City's insurance. He stated that due to the increase in premiums, he'd like to be made aware of the possibility of having someone else look at the market. • Council Member Heffernan reported that a letter was sent by the City Manager regarding airport grant funds to the Airport Working Group (AWG) and Citizens for Jobs & the Economy (CJE). Council Member Heffernan stated that the letter requested that the entities provide the City with a certified, detailed itemized statement by August 1, 2002. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 9, 2002. Waive reading of subject minutes, approve as written and order filed. 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 ADOPTION 3. PROPOSED AMENDMENT TO SECTIONS 13.09.010, 13.09.020, Ord 2002 -13 AND 13.09.040 OF THE NEWPORT BEACH MUNICIPAL CODE Parkway Trees (PARKWAY TREES). Adopt Ordinance No. 2002 -13 amending (62) Sections 13.09.010, 13.09.020, and 13.09.040 of the Municipal Code. RESOLUTIONS FOR ADOPTION 4. FEE SCHEDULE ADJUSTMENTS. Adopt Resolution No. 2002 -50 Res 2002 -50 establishing the City's 2002 Fee Schedule. Fee Schedule (40) 5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT Res 2002 -51 RENEWAL: ANNUAL REPORT FOR 2001 -2002 FISCAL YEAR; Corona del Mar AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY BID FOR 2002 -2003 FISCAL YEAR. 1) Approve Corona del Mar Business (27) Improvement District 2001 -2002 Annual Report; and 2) adopt Resolution of Intention No. 2002 -51 to Levy for 2002 -2003 Fiscal Year and set the public hearing for August 13, 2002. 6. IMPLEMENTATION OF ENHANCED RETIREMENT FOR Res 2002 -52 POLICE EMPLOYEES. Adopt :Resolution No. 2002 -52 Declaring the C -563 City's Intention to Approve an Amendment to the Contract between the PERS Board of Administration, California Public Employees' Retirement Police Employees System and the City Council. (38/66) 7. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Res 2002 -53 Volume 55 - Page 294 City of Newport Beach City Council Minutes July 23, 2002 SECTION 108 LOAN SECURITY AGREEMENT AND RESOLUTION. 1) Approve the Section 108 Loan Security Agreement pledging City General Funds as security for repayment of the note in the event that CDBG funds are not available to make the payment on the loan; and 2) adopt Resolution No. 2002 -53 as a required attachment to the Security Agreement. CONTRACTS AND AGREEMENTS 8. LICENSEE AGREEMENT WITH TOWER OPTICAL COMPANY, INC. (contd. from 7/9/02). Continue to August 13, 2002. 9. Item removed from the Consent Calendar by a member of the audience. MISCELLANEOUS ACTIONS 10. FY 2002 -03 CULTURAL ARTS GRANTS. Approve the recipients for FY 2002 -03 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 - Reserve Fund for Culture and Arts. 11. TRACT NO. 15981 - BOND RELEASE - 407 BOLSA AVENUE. 1) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15981; 2) authorize the City Clerk to release the faithful performance bond (Bond No. 1034392); and 3) authorize the City Clerk to release the labor and material bond (Bond No. 1034392) in six months, provided no claims have been filed. 12. PROPOSED AMENDMENT OF COUNCIL POLICY G-6 (MAINTENANCE AND PLANTING OF PARKWAY TREES). Amend Council Policy G -6. 13. COUNCIL CONSIDERATION OF FORMING A BUDGET COMMITTEE. Take no action to establish a Budget Committee, but instead work through the Public Information Officer, local media and the City's web site to better publicize budget review meetings or workshops along with the budget and CIP themselves. Motion by Mavor Pro Tern Bromberg to approve the Consent Calendar, except for the item removed (9). The motion carried by the following roll call vote Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil, Glover Volume 55 - Page 295 INDEX C -3550 CDBG Section 108 Loan Security Agreement (38/87) C -3544; Binocular Viewers (38) Cultural Arts Grants 2002 -03 (62) Tract No. 15981 407 Bolsa Avenue (TRM 15981) Council Policy G -6 Parkway Trees (62/69) Budget Committee (40) City of Newport Beach City Council Minutes July 23, 2002 J. 9. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR ADDITIONAL DESIGN SERVICES RELATED TO THE BIG CANYON RESERVOIR DISINFECTION AND WATER QUALITY FACILITIES (C- 3037). Dolores Otting, Newport Beach resident, referred to the information contained in the staff report and stated her concern for the City not complying with a 1994 Department of Health Services (DOHS) mandate to cover the Big Canyon reservoir. Additionally, Ms. Otting asked if the new disinfection system being proposed for Big Canyon had been studied and, also, what system was installed at the 16th Street reservoir a few years ago. She stated that she couldn't understand how the City could continue to not comply with the mandate. She also stated that letters from Congressman Cox have indicated that the City is not meeting State or Federal water requirements. Mayor Ridgeway stated that the current City Council is committed to getting a cover on the reservoir next year. Council Member Adams requested a report from staff on what the proposal from Tetra Tech includes, as well as specifics on the funding and schedule for the cover. City Manager Bludau stated that the staff priorities for 2002 -03 include moving forward with the design of the reservoir cover and the disinfection system, and implementing the project. He added that the City has not been fined by the DOHS or given a date for completion, but is committed to completing the project. Per Council Member Adams' request, City Manager Bludau additionally explained that a number of water agencies use the chloramination system, and it is safer than the current gaseous system used by the City. Utilities Engineer Sinacori stated that the City has never been in violation of any standards for its water delivery. He noted that the Metropolitan Water District, which supplies the City with 25% of its water supply, also uses the chloramination system and the cover at the Big Canyon reservoir will mean that the ammonia will not have to be removed. Motion by Mayor Pro Tern Bromberg to approve Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc. (formerly ASL Consulting Engineers) increasing their fee by $129,800 for additional design services related to the disinfection and water quality improvements at Big Canyon Reservoir (BCR). The motion carried by the following roll call vote Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil, Glover Volume 55 - Page 296 INDEX C -3037 Big Canyon Reservoir Disinfection & Water Quality Facilities (38) City of Newport Beach City Council Minutes July 23, 2002 K. PUBLIC COMMENTS INDEX Dr. Jan Vandersloot, 2221 E. 16th St., announced the victory at the Orange County Sanitation District meeting last week, when the Board of Directors voted against the 301H Waiver. He thanked the City for starting the effort and providing the model resolution. Dr. Vandersloot, as a member of the Balboa Arbor Society, announced that the Society has filed a lawsuit against the City with the goal of trying to save the ficus trees on Main Street. He asked that members of the public who are interested in preserving the trees contact him at ionv3aaol.com or 949 - 548 -6326, and offer to make a donation. Dr. Vandersloot provided a list of the benefits of an urban forest. Lastly, he stated that if the roots are in the sewer lines and have caused cracks in the lines, then raw sewage is flowing into the ground. He stated that he hoped that the City and the public would listen to their efforts. Mayor Ridgeway expressed his lack of understanding for why Dr. Vandersloot and others would be addressing the City Council on the issue, when the item had already been voted on by the City Council. He stated that it shows a lack of respect for the system. Dr. Vandersloot stated that he is only exercising his first amendment rights, and attempting to build public support for seeking relief through the judicial system and the Coastal Commission. Jim Hildreth, Grand Canal resident, stated that Development Engineer Hoffstadt was asked to confirm in writing that the assessed property value would not increase due to the underground utility project on Little Balboa Island, but that he has not done so. Mr. Hildreth requested that he receive this written confirmation. Additionally, Mr. Hildreth reminded the City Council of the 1998 letter from Harbor Inspector Armand that states that the mooring was approved by the City in 1976 and is listed as a pier permit. Mr. Hildreth stated that the documents to support this have not been found and he can't understand why. Mr. Hildreth stated that he also received an unsigned letter from the Harbor Resources Manager and that there is no such position in the City. He stated that the City still claims that the J. M. Hildreth location has an annual residential pier permit, but the documents have not been presented. Cheryll McDowell, 1537 E. Ocean Blvd., displayed the information mentioned earlier by Dr. Vandersloot on how to contact him. She thanked the City Council for the Balboa revitalization program and stated that everything looks great. She stated that the fight to save the ficus trees is supported by the businesses in the area, and encouraged the public to help with the legal expenses, noting that there are only two more City Council meetings prior to the scheduled removal of the trees. Ms. McDowell also commended the Pacific Bell Company for the beautification project that they've undertaken at their building on Balboa Boulevard. She encouraged other businesses to look at the painting that has been done. Volume 55 - Page 297 City of Newport Beach City Council Minutes July 23, 2002 INDEX Linda Grant, 310 Fernando Street, stated that what the residents of the City have to say should matter. She asked that the City Council not listen to just a few people, but listen to everyone. She stated that many people want the ficus trees to remain and they won't let the City remove them. She stated that the trees provide shade and help drivers to see pedestrians more clearly. Ms. Grant couldn't understand why the City Council doesn't like trees and asked that they reconsider their decision to have them removed. Per Mayor Pro Tern Bromberg's question, Assistant City Manager Wood stated that 25 trees are scheduled for removal, with 36 trees replacing them. Mayor Ridgeway additionally noted that the City's urban forest consisted of 31,000 trees in 1998, that there are now 34,000 and the number is still growing. Gabe Green, Sherman Oaks resident, performed a musical number on the lawsuit that has been filed to the tune of, "Get Me to the Church On Time ". Mary Porter, 700 Larkspur Avenue, expressed her concern for mansionization, the new term for the large buildings that are going in and changing the look of some neighborhoods in Corona del Mar. She stated that the buildings are being constructed on R -2 lots for single - family resident homes, and that most of the lot sizes are not very large. She stated that although she understands that it's legal, it does nothing for the quaint, ocean seaside home style. Ms. Porter stated that residents living too close to one another produce negative effects. She stated that Balboa Island has been able to control the build out and maintain a beautiful and friendly village, and asked that the City Council take steps to control or stop the trend of new large, boxy and tall buildings in Corona del Mar. She stated that producing a family - style community should be balanced with investment potentials. Council Member Adams noted that the issue is being addressed by the general plan update committees. Bud Grant, 310 Fernando Street, stated that he understood from the Mayor that the ficus tree issue was not reagendized per the direction of the City Attorney. Mr. Grant stated that he has been waiting to hear from the Mayor or the City Attorney on specifically why the issue can't be reagendized. Dolores Otting, Newport Beach resident, thanked Assistant City Manager Kiff for providing the Newport Coast Advisory Committee minutes and agendas on the internet. She provided a handout with information on the Ralph M. Brown Act from the California First Amendment Coalition and the League of California Cities, and stated that the subcommittees in the City have a problem with adhering to the Volume 55 - Page 298 City of Newport Beach City Council Minutes July 23, 2002 INDEX laws of the Brown Act. She read from some of the excerpts provided regarding requirements for agendas, staff reports and public testimony. Ms. Otting stated that she attended the General Plan Advisory Committee meeting the night before and was not allowed to speak during consideration of an agendized item. Mayor Ridgeway assured Ms. Otting that her information would be distributed. Council Member Heffernan stated that he has previously requested that the City Clerk's office be made aware of all scheduled City meetings. He stated that it would be more efficient to have one source for all scheduling. Regarding the public comments made earlier about the ficus trees on Main Street, Mayor Ridgeway stated that the City Council approved the revitalization program for Balboa village, and that removing the ficus trees and replacing them with more trees is a part of the program. He added, however, that removing the trees is also dealing with a public safety concern and a liability concern. Mayor Ridgeway stated that other trees are also being added as a part of the project. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Adams stated that he represented the City, in the absence of Mayor Ridgeway, at the Orange County Sanitation District (OCSD) meeting of July 17, 2002. He stated that at that meeting, the Board of Directors voted not to pursue an additional waiver, which would have allowed for discharge of sewage effluent not treated to the secondary level into the ocean. He stated that it's a very controversial issue and one that Newport Beach took strong leadership on, countywide. He stated that sewage rates will increase over time due to the decision. Mayor Ridgeway confirmed that the residential sewer rates will increase from approximately $16 to $32 over the next eleven years, but that it provides for full secondary treatment of all effluent coming into the County. He additionally noted that Mayor Adams represented the City well at the OCSD meeting. Mayor Ridgeway stated that he also participated in a radio debate on the issue and noted that the arguments for full secondary treatment were compelling. Council Member Adams, Chair of the Ad Hoc General Plan Update Committee (GPUC), reported that GPUC met on July 22, 2002. He stated that at that meeting, the committee reviewed the plans for the phone interview that will be conducted throughout the City. He stated that the discussion was productive and he's convinced that every effort has been made to make the survey fair and balanced, and provide information that will be valuable when updating the general plan. Council Member Adams noted that some people are concerned about the validity of the phone survey, but noted that the questions will be Volume 55 - Page 299 City of Newport Beach City Council Minutes July 23, 2002 M. provided with the answers and a judgment can be made. He additionally pointed out that the results of the phone survey will have great statistical significance since 1250 contacts will be made, but that it will not inappropriately dominate the other elements of the visioning process. He encouraged those interested in the general plan update process to attend the meetings. Council Member Heffernan reported that the Newport Coast Advisory Committee (NCAC) is still discussing the slope issue. He stated that the issue will also be looked at by the City Council at the Study Session to be held on August 13, 2002. He stated that it needs to be determined how the slope maintenance will be handled, how it will be paid for and how the City will abide by its annexation agreement. He stated that the NCAC would be meeting again the first week in August, and the agenda would include the slope issue as well as a discussion on the mechanics of the refund owed to the Newport Coast homeowners. Council Member Heffernan, Chair of the Finance Committee, reported that the Finance Committee would be devoting one meeting to each of the four largest budget items over the next several months. He stated that the goal is to better understand the larger budget items in preparation for the 2003.04 budget. Mayor Ridgeway reported that the Coastal/Bay Water Quality Citizens Advisory Committee also played a role in the decision by the OCSD, as announced earlier by Council Member Adams. Mayor Ridgeway, Chair of the Local Coastal Program Certification Committee, stated that the Local Coastal Plan (LCP) must be submitted to the Coastal Commission by June 30, 2003. He stated that there will be more meetings regarding the subject, and that the City is attempting to create an LCP and implementation strategy so that the City can issue the local coastal permits rather than homeowners having to go to the Coastal Commission. Mayor Ridgeway stated that the City is required to have an LCP and the process will run parallel with the general plan update. Mayor Ridgeway announced that the cable TV public meeting originally scheduled to take place during the current meeting has been rescheduled to August 27, 2002. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING AGENDA FOR JULY 18, 2002. Assistant City Manager Wood stated that the Planning Commission meeting of July 18, 2002, began with a reorganization of the Commission. She announced that Steven Kiser is the new Chairman, Earl McDaniel is the new Vice Chairman and Shant Agajanian is the new Secretary. Volume 55 - Page 300 INDEX Planning Commission (68) City of Newport Beach City Council Minutes July 23, 2002 Assistant City Manager Wood stated that the first item on the agenda was an appeal of a Modifications Committee decision. She explained that a modification was originally approved for a patio cover at a property on the peninsula, but both a patio cover and a deck extension were built. The applicant applied for a second modification to allow for the deck extension, and the Modifications Committee approved it with conditions. The applicant appealed the decision to the Planning Commission, who denied the request. Assistant City Manager Wood stated that the second item involved Cafe Italiano's request to exceed the floor area ratio and waive parking. She stated that the Planning Commission approved the request. The third item was a request for a new condominium project on Carnation Avenue and the Planning Commission approved it. She noted that most of the testimony given by the public on the project related to concerns about access to neighboring properties during construction. She stated that staff would do as much as possible to keep the access open to the residents. Assistant City Manager Wood stated that the fourth item involved seven "quick serve" eating establishments in the new Bluffs shopping center and the issuance of a master use permit. She stated that this was a way to do some permit streamlining for the businesses and as long as they comply with the conditions of the master use permit, their use permit can be issued by the Planning Director. Council Member Heffernan requested that the conditions of approval for the master use permit be provided to him. Council Member Adams confirmed with Assistant City Manager Wood that the entitlement for the center was a part of the Bonita Canyon annexation agreement. He asked what the makeup of the center would be and how large it is. Mayor Ridgeway responded by stating that the shopping center is approximately 50,000 square feet and would include a mix of food and retail businesses. Assistant City Manager Wood stated that the Planning Commission also recommended approval of an amendment to the Transportation Demand Management Ordinance and initiated a code amendment for some minor changes to real estate signs. N. PUBLIC HEARINGS 15. TRANSPORTATION DEMAND MANAGEMENT (TDM) ORDINANCE — CODE AMENDMENT NO. 2002 -003 (PA2002 -126). Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Volume 55 - Page 301 INDEX Ord 2002 -14 Transportation Demand Management (TDM) (94) City of Newport Beach City Council Minutes July 23, 2002 La 10 Motion by Council Member Adams to introduce, waive first and second readings, and adopt Urgency Ordinance No. 2002 -14 regarding the Transportation Demand Management (TDM) Ordinance. The motion carried by the following roll call vote Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil, Glover 16. BOARD OF LIBRARY TRUSTEES VACANCY. City Clerk Harkless read the ballot votes as follows: Cecilia Flanagan (Heffernan) Theresa Chase (Bromberg, Ridgeway, Adams, Proctor) City Clerk Harkless announced the appointment of Theresa Chase to fill the vacancy on the Board of Library Trustees. 17. COUNCIL CONSIDERATION OF CITY MANAGER'S RECOMMENDATION TO REORGANIZE THE COMMUNITY SERVICES DEPARTMENT. City Manager Bludau stated that due to the recent retirement of Community Services Director Kienitz, consideration of reorganizing the Community Services Department is appropriate. He stated that in 1994, Library Services and Parks & Recreation were combined into one department for cost saving reasons. City Manager Bludau stated that the staff report lists the advantages and disadvantages of maintaining the department as one or separating it into two. He stated that based upon the size of the department, the growth of the services offered and the quality of life enjoyed in the City, that he feels it is time to separate the departments again. He noted that it will cost approximately $140,000 to do this. Per Council Member Heffernan's question, City Manager Bludau estimated that approximately 20,000 people are currently enrolled in the City's recreation programs. Council Member Heffernan asked if the skills needed to run recreation & senior services were different than those needed to run a library system. City Manager Bludau that they are and that there are people who could probably run both, but it would narrow the selection. He added that he also discussed the matter with the Board of Library Trustees, the City Arts Commission and the Parks, Beaches & Recreation Commission, and all agreed that it would Volume 55 - Page 302 INDEX Board of Library Trustees Appointment (24) Community Services Department Reorganization (66) City of Newport Beach City Council Minutes July 23, 2002 be better to separate the department into two. City Manager Bludau stated that these commission members feel that enough time isn't being given to their issues. Dolores Otting, Newport Beach resident, stated that it was possibly not the right time to reorganize the Community Services Department, given the recent event that occurred in the recreation division. She also felt that more information should be provided before the decision is made. Ms. Otting stated that she wasn't aware of the circumstances surrounding the retirement of the Community Services Director and asked if she was forced to retire. Council Member Adams stated that it is the right thing to do, although he agreed that increasing the size of bureaucracy is a disadvantage, as listed in the staff report. He stated that he could only support the reorganization recommendation with a commitment that only one new staff member would be added. City Manager Bludau stated that it is his intention to add only one position. Mayor Pro Tern Bromberg stated that he supports the City Manager's recommendation due to the increase in services and the quality of services offered by the library and community services. Mayor Ridgeway stated that the reorganization reflects good management and good governance. Motion by Mayor Pro Tem Bromberg to approve the City Manager's recommendation to restructure the Community Services Department into two departments: Recreation & Senior Services and Library Services. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil, Glover 18. UNSCHEDULED VACANCIES ON THE PARKS, BEACHES & RECREATION COMMISSION AND THE PLANNING COMMISSION; AND APPOINTMENT BY MAYOR OF AN AD- HOC APPOINTMENTS COMMITTEE. Motion by Mayor Ridgeway to accept the resignations of Stuart Macfarland from the Parks, Beaches & Recreation Commission effective July 11, 2002 (term expires June 30, 2003); and Mike Kranzley from the Planning Commission effective July 18, 2002 (term expires June 18, 2002); direct the City Clerk to advertise the vacancies pursuant to Council Policy A -2; and appoint Mayor Ridgeway and Council Members O'Neil and Glover to serve on the Ad Hoc Appointments Committee. Volume 55 - Page 303 INDEX PB &R Commission & Planning Commission Vacancies/ Ad Hoc Appointments Committee (24) City of Newport Beach City Council Minutes July 23, 2002 The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: O'Neil, Glover Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - 8:20 p.m. The agenda for the Regular Meeting was posted on July 17, 2002, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Iva A City Clerk Recording Secre ary Mayor Volume 55 - Page 304 INDEX