HomeMy WebLinkAbout03/26/2002 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 26, 2002 - 7:18 p.m.
— 5:10 p.m.
CLOSED SESSION — 6:10 p.m.
INDEX
A. RECESSED AND RECONVENED AT 7:18 P.M. FOR REGULAR
MEETING
B. ROLL CALL
Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway
Absent: Proctor
C. CLOSED SESSION REPORT — None.
D. PLEDGE OF ALLEGIANCE — Council Member O'Neil.
E. INVOCATION — Reverend Dr. Dennis Short, Harbor Christian Church
of Newport Beach, and Vice President of the Newport -Mesa- Irvine
Interfaith Council.
F. PRESENTATIONS
General Plan Update Neighborhood Workshops Announcement.
Mayor Ridgeway announced that a series of neighborhood workshops would be
taking place through April 11, 2002, or possibly longer. He stated that the
workshops are part of the City's continuing effort to reach and record
information about what the citizens want in the City's General Plan, which is
a blueprint of the City's direction for the next twenty years. Mayor Ridgeway
announced that additional information could be obtained by accessing
www.nbvision2025.com or by calling 949 - 644.3238.
Crash Boat Video Presentation by Kathy Leek. Kathy Leek, Director of
Public Relations for Adventures at Sea, stated that one of the yachts in
Adventures at Sea's fleet, the Dream Maker, served as a patrol rescue boat,
also known as a crash boat, in World War II. She stated that her video shows
a segment of the documentary, which gives a glimpse of the crash boat's
wartime service and the heroes who served to secure the country's freedoms.
Ms. Leek announced that the documentary would be presented as a part of the
Newport Beach Film Festival on April 17, 2002, at the Lido Theatre at
11:30 a.m. She acknowledged the individuals and businesses who helped with
the making of the documentary. Ms. Leek showed her seven - minute video.
Mayor Ridgeway thanked her for showing the video and providing a moment
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City Council Minutes
March 26, 2002
reverence and culture.
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 Heffernan requested that the City Attorney provide
an opinion on the signs that have been posted in accordance with
Municipal Code Section 12.57.020, Skateboarding Restrictions, which
was revised by Resolution No. 2002 -13 on January 22, 2002. Council
Member Heffernan stated that the signs show the silhouette of a
skateboarder covered by a slash. He stated that the wrong message is
being sent and he also questioned the location of the signs.
Council Member Heffernan stated that the Ad Hoc
Telecommunications Committee recently heard a presentation by
AT &T Cellular regarding their new third generation phones and their
need for cell sites. Council Member Heffernan stated that it provides
the City an opportunity to be a landlord for the sites. He noted that it
would be a revenue source for the City and would provide better
service for the City's residents. He requested that this item be
agendized for an upcoming Study Session to discuss the issue.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. Item removed from the Consent Calendar by a member of the
audience.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive
reading in full of all ordinances and resolutions under consideration,
and direct City Clerk to read by title only.
RESOLUTIONS FOR ADOPTION
3. STREET SWEEPING ON DANA ROAD BETWEEN SUPERIOR
AVENUE AND FLAGSHIP ROAD. 1) Adopt Resolution No. 2002.23
establishing NO PARKING restrictions for street sweeping from 8:30
a.m. to 12:30 p.m. on Tuesdays and Fridays on Dana Road between
Superior Avenue and Flagship Road; and 2) rescind Resolution
No. 99 -20.
4. Item removed from the Consent Calendar by a member of the
audience.
CONTRACTS AND AGREEMENTS
5. BAYSIDE DRIVE - MARINE AVENUE PRESSURE RELEASE
VALVE (PRV) RELOCATION (C -3418) - COMPLETION AND
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Res 2002 -23
No Parking
Restrictions for
Street Sweeping
(85)
C -3418
Bayside Drive -
City of Newport Beach
City Council Minutes
March 26, 2002
ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to
file a Notice of Completion; 3) authorize the City Clerk to release the
Labor and Materials bond 35 days after the Notice of Completion has
been recorded in accordance with applicable portions of the Civil Code;
and 4) release the Faithful Performance Bond 1 year after Council
acceptance.
6. Item removed from the Consent Calendar by Council Member
Heffernan.
SOLID WASTE AUDITS. Authorize staff to execute the professional
services agreement with Hilton Farnkopf & Hobson, LLC to conduct
audits of solid waste franchise holders.
MISCELLANEOUS ACTIONS
8. REQUEST FOR BUDGET AMENDMENT. Approve a budget
amendment (BA -035) to transfer funds in the amount of $6,805 from
Sailing Reserve account 010.3741 to account 4330 -8080; and to
transfer $2,300 from the Surfing Reserve account 010.3740 to account
4330 -8080
9. Item removed from the Consent Calendar by Council Member
Heffernan.
10. NOTIFICATION OF EMERGENCY PURCHASE OF
BREATHING AIR COMPRESSOR. Receive and file.
11. APPOINTMENT TO GENERAL PLAN ADVISORY
COMMITTEE. Appoint Ernie Hatchell to at -large vacancy.
12. Item removed from the Consent Calendar by Mayor Ridgeway.
13. AD HOC CITY COUNCIL COMMITTEE — JWA SETTLEMENT
AGREEMENT EXTENSION. Approve an extension of the term of
the John Wayne Airport Settlement Agreement Extension Committee
until September 30, 2002.
14. COMMENTS ON NOTICE OF PREPARATION OF
ENVIRONMENTAL IMPACT REPORT ON IRWD'S PROPOSED
SAN DIEGO CREEK WATERSHED NATURAL TREATMENT
SYSTEM PROGRAM. Direct the City Manager to transmit a
comment letter to IRWD.
15. PURCHASE OF TRAFFIC MANAGEMENT SYSTEM. Authorize a
budget amendment (BA -036) in the amount of $22,000 from the
unappropriated reserve balance of the Circulation and Transportation
Fund to a new CIP Account No. 7261- C5200667 entitled "Traffic
Management System" and authorize the purchase of a replacement
Traffic Management System.
Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar,
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INDEX
Marine Avenue
Pressure Release
Valve Relocation
(38)
C -3522
Solid Waste Audits
(38)
BA -035
Recreation Activities
Fund Transfer
(40/62)
Fire Department
Purchase(41)
GPAC Appointment
(24)
JWA Settlement
Agreement
Extension
Committee (24)
Watershed Natural
Treatment System
EIR
(51)
BA -036
Traffic Management
System
(40/85)
City of Newport Beach
City Council Minutes
March 26, 2002
except for those items removed (1, 4, 6, 9 and 12).
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor Ridgeway
Noes: None
Abstain: None
Absent: Proctor
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF MARCH 12, 2002.
Jim Hildreth, 120 the Grand Canal, stated that volume 55, page 46 of
the March 12, 2002, regular meeting minutes should have included his
comments regarding the comments made by a council member. He
stated that the minutes are a part of the public record and his
comments, as well as those made by the council member, should be
included. Mr. Hildreth additionally referred to volume 55, page 48
and stated that it should be specifically noted in the minutes that the
letter he presented is on record. Mr. Hildreth stated that the letter is
dated March 12, 2002, and should be designated as being given to the
City Council. Mr. Hildreth additionally noted a second letter he
presented at the meeting and requested that his comments and the
documents be recorded correctly. The letters presented are on file in
the City Clerk's office.
Mayor Ridgeway directed the City Attorney to research the documents
Mr. Hildreth asked for in his letter of March 12, 2002. Mayor
Ridgeway stated that if the records have been destroyed, he would
sign a letter making that acknowledgement.
Motion by Council Member O'Neil to waive reading of subject
minutes, approve as written and order filed.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
4. CITY MANAGER EMPLOYMENT AGREEMENT — PROPOSED
MODIFICATION TO COMPENSATION.
Russell Niewiarowski, Santa Ana Heights, stated his support for the
resolution and noted that City Manager Bludau is an asset to the City.
Mr. Niewiarowski stated that he's dealt with him on many occasions,
that City Manager Bludau has always been there for any issue and is
deserving of the raise.
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INDEX
Res 2002 -25/C -3262
City Manager's
Contract (38)
City of Newport Beach
City Council Minutes
e March 26, 2002
Jim Hildreth, 120 The Grand Canal, stated that he agreed with the
first salary increase that City Manager Bludau received and noted
that it was for 3 %. He stated that the recommendation at the current
meeting is to increase his salary by 17 %. Mr. Hildreth noted four
accomplishments of City Manager Bludau and stated that he has
shown his worthiness to the City. Mr. Hildreth presented a letter
signed by him to the City Council dated March 26, 2002, regarding the
issue. The letter presented is on file in the City Clerk's office. In
conclusion, he wondered if the increase in dock rentals being
considered would be used to pay for the increase in City Manager
Bludau's salary.
Motion by Council Member O'Neil to adopt Resolution No. 2002 -25
adjusting the compensation of the City Manager.
Council Member Heffernan asked if the severance pay was paid in the
event of death or prolonged disability. City Attorney Burnham stated
that the severance pay would be paid only if City Manager Bludau was
terminated by the City Council without cause. Council Member
Heffernan asked if any unpaid loan balance would be offset by the
severance pay. City Attorney Burnham stated that it would not.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
6. SAN MIGUEL DRIVE PAVEMENT REHABILITATION (C -3374)
— COMPLETION AND ACCEPTANCE.
Council Member Heffernan noted that the project was done for
$165,000 less than the original bid amount, and pointed out that the
City is looking after the taxpayers' money and does a good job.
Dolores Otting stated that San Miguel Drive was fine before the
rehabilitation, but that now there is a problem with the inside lanes in
both directions. She stated that she was told that the road would be
fixed, but that it hasn't. Ms. Otting stated that the City shouldn't pay
for the street under its current condition. She suggested that the
council members drive the street.
Public Works Director Badum stated that it was initially thought that
there were some problems with the paving machine on the project, but
that an independent review of the project was made and discussions
took place with All American Asphalt and outside consultants.
Although some minor grade problems exist close to the median, it was
felt that it would remedy itself over time and that it couldn't be
justified to redo the street. Public Works Director Badum noted that
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C -3374
San Miguel Drive
Pavement
Rehabilitation
(38)
City of Newport Beach
City Council Minutes
March 26, 2002
the cause of the problem was never
Council Member Adams asked if a profiler could be used. Public
Works Director Badum stated that a profiler had been used, but the
paving is to the existing median and there are grade deviations. He
stated that microplaning might be considered in the future if the
problem still exists. Per Council Member Adams' question, Public
Works Director Badum stated that there is a one year warranty on the
project, but that All American doesn't feel they are at fault, so the City
would have difficulty requiring them to redo the project. Public Works
Director Badum stated that the real cause is unknown, but that it is
probably a combination of the existing grade, operator error and
machinery problems. Per Council Member Adams' question, he stated
that no relief was received from All American. Public Works Director
Badum added that All American continues to maintain that they are
not at fault, and that it is probably the grade and having to match the
existing median that caused the problem.
Council Member Glover asked if Public Works Director Badum felt
that the street was worthy of the final contract cost. Public Works
Director Badum stated that it was, and that any project will have
minor problems and deviations. He stated that, in this case, the
deviation is not worth inconveniencing the public again and there isn't
a legitimate claim against All American to require them to pay for
remedying the situation.
Council Member Adams suggested that when there is another job in
the City using a planer, that it be used on San Miguel Drive also.
Council Member Heffernan suggested that anyone with a problem
with San Miguel Drive, post their complaint on District No. 7's
website.
Motion by Council Member O'Neil to accept the work; authorize
the City Clerk to file a Notice of Completion; authorize the City Clerk
to release the Labor and Materials bond 35 days after the Notice of
Completion has been recorded in accordance with applicable portions
of the Civil Code; and release the Faithful Performance Bond 1 year
after Council acceptance.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
9. PROFESSIONAL SERVICES BUDGETING IN THE PLANNING
DEPARTMENT.
INDEX
Planning Department
Professional Services
Budgeting
Council Member Heffernan asked for a report on the total budget for 1 (68)
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City Council Minutes
March 26, 2002
the general plan update. Assistant City Manager Wood stated that
the total to date for the visioning process and the two technical studies
is $615,520. She additionally noted that there is a change to the staff
report and referred to the traffic model update totaling $127,955.
Assistant City Manager Wood stated that the General Plan Update
Committee is recommending that there be an option to add origin and
destination studies, which would cost approximately $32,000.
Assistant City Manager Wood stated that future expenses can only be
estimated, but it is expected that the update process will cost between
$500,000 and $800,000. Council Member Heffernan confirmed that it
brings the entire project to a total of $1.4 million.
Motion by Mayor Pro Tern Bromberg to receive and file report and
direct staff to return, if necessary, by the end of the current fiscal year,
with any budget amendment that requires City Council approval.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
12. HARBOR COMMISSION — CONFIRMATION OF NOMINEES
AND SCHEDULING OF APPOINTMENTS.
In response to inquiries received on the process selected by the Ad Hoc
Appointments Committee for appointing the members to the Harbor
Commission, City Clerk Harkless stated that she reviewed how the
process was handled in previous years for other boards and
commissions. She stated that in June of 1989, there were two
nominees named for each position with voting taking place as is being
recommended at the current meeting. City Clerk Harkless stated that
in January of 1995, the City Council decided to select the nominees
with the highest number of votes and did not put one nominee against
another. She additionally noted Council Policy A -2, Board and
Commission Appointments, and stated that the process for how the
appointments are handled is open to interpretation.
Council Member Adams stated that he was a member of the Ad Hoc
Appointments Committee, along with Council Members Glover and
Heffernan. He stated that they carefully reviewed 43 applications for
the new Harbor Commission and decided to interview 20 applicants.
He stated that he had originally thought that 14 finalists would be
recommended to the City Council and the 7 receiving the highest
number of votes would be seated on the Commission. He stated,
however, that after the interviews and deliberation by the Committee,
it was decided to nominate two applicants per seat. Council Member
Adams stated that the recommended process gives the opportunity to
provide for some fresh faces on the Commission and allowed the
Committee to make the best possible decisions.
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INDEX
Harbor Commission
Appointments
(24)
City of Newport Beach
City Council Minutes
March 26, 2002
Mayor Ridgeway asked how the applicants were paired up.
Council Member Glover stated that a new commission is being
created, the best applicants were chosen and many good people didn't
make the final list. She stated that based on the collective experiences
of the Committee members, she felt that the best people possible were
chosen and that the Committee members used their best judgment.
Council Member Glover stated that the nominees should be pleased
and honored at being nominated.
Council Member Heffernan stated that any of the seven nominees will
provide a good cross section of the City. He stated that there will
always be someone to disagree with a recommendation, but he felt
that the Committee did a good, thorough job in narrowing the field.
Council Member O'Neil stated that he will have difficulty selecting
between two nominees for some of the seats, but based on what he's
heard from the Committee members and the process that they went
through, he will accept the recommended procedure.
Motion by Council Member Glover to confirm the nominations
made by the Ad Hoc Appointments Committee and schedule the
appointments to be made on April 9, 2002.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
O. CURRENT BUSINESS (taken out of order)
21. APPEAL OF A STAFF DENIAL FOR STRUCTURAL
ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY
ADJACENT TO 2100 W. OCEAN FRONT (N2002- 0035).
Mayor Ridgeway announced that Item No. 21 would be continued, but
asked if there was anyone in the audience who wanted to speak on the
item.
Motion by Council Member O'Neil to continue Item No. 21 to the
City Council meeting of April 9, 2002.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
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INDEX
N2002 -0035
Structural
Encroachments
2100 W. Ocean Front
(65)
City of Newport Beach
City Council Minutes
March 26, 2002
Absent: Proctor
H. PUBLIC COMMENTS
INDEX
Due to the number of people in the audience wanting to speak under the
Public Comments portion of the agenda, Mayor Ridgeway suggested that
Public Comments be limited to two minutes at the current meeting.
Noting that the agenda states that speakers are given three minutes to speak,
Council Member Adams asked if limiting public comments to two minutes was
allowable. City Attorney Burnham stated that the City Council has the right
to modify the time allocated as long as it represents a reasonable period of
time.
Motion by Council Member O'Neil to limit public comments to two
minutes per speaker.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Mayor Ridgeway
Noes: Adams
Abstain: None
Absent: Proctor
Jim Hildreth, 120 The Grand Canal, presented a letter to the City
Council, dated March 26, 2002, and requested that it be entered into
public record. The letter presented is on file in the City Clerk's office.
He stated that the letter he received from Assistant City Manager
Kiff, dated March 16, 2002, did not reflect the Mayor's statements that
the records that Mr. Hildreth is requesting have been destroyed. Mr.
Hildreth asked if the City Council looks into matters brought to their
attention.
Rex Ricks, Huntington Beach, stated that Huntington Beach delivered
the most No on Measure W votes in the County. Mr. Ricks stated that
the groups that oppose an expansion at Los Angeles International
Airport (LAX) also need to be kept as allies. He suggested that the
Federal Aviation Administration (FAA) and the Air Transport
Association (ATA) be asked to give a definite answer on if they would
accept Scenario One. He stated that if a clear answer is not received,
the City should continue to fight for an airport at El Toro. Mr. Ricks
stated that the City can't count on South County supporting an
extension of the John Wayne Settlement Agreement.
Elaine Linhoff, 1760 E. Ocean Blvd., asked that the ficus trees be kept
on Main Street in Balboa. She showed two pictures, one that showed
Balboa when the ficus trees were newly planted and another that
showed Balboa prior to the recent removal of some of the trees. She
stated that she prefers the area with the trees and believes that it will
enhance the revitalization project. Ms. Linhoff stated that she
originally thought the trees were causing some damage and should
possibly be removed, but has found out that they are not. She noted
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City Council Minutes
March 26, 2002
`!% !1
that only $1,000 of damage has been caused in three years, and it
would only cost $16,000 per year to maintain all of the trees on Main
Street.
Cyndi Doran, 425 Seville Avenue, stated that in November, 2001, a
survey was conducted asking the merchants on Main Street if they
had experienced any plumbing problems directly resulting from the
ficus trees. Ms. Doran stated that of the 22 merchants surveyed, four
said yes. She stated that the other 18 hadn't had any problems and
hoped the trees would remain. Ms. Doran stated that the most
compelling response came from CJ Williams, one of the town's
prominent landlords. Ms. Doran read a statement from Mr. Williams
which supported maintaining the £icus trees on Main Street and
included an offer to work with the Planning Commission to continue to
beautify Balboa.
Charles Griffin, 732 Bison Avenue, stated that he recently received
the title and summary for the Reasonable Airport Park and Natural
Preserve Initiative for the November 2002, ballot. He stated that the
initiative would repeal Measure W, the Orange County Central Park
& Nature Preserve Initiative, and reinstate the plan for a civilian
airport at El Toro in the Orange County General Plan. Mr. Griffin
encouraged the City to remain a member of the Orange County
Regional Airport Authority ( OCRAA) and continue to fight for an
airport at El Toro. He stated that this is the only way to provide long-
term relief to the John Wayne Airport.
Russell Niewiarowski, Santa Ana Heights, President of The New
Millennium Group, stated that the membership of their group is
growing and money is being raised for their campaign to put the
Reasonable Airport park and Natural Preserve Initiative on the
November 2002, ballot. Mr. Niewiarowski stated that OCRAA is
expected to adopt a resolution on April 10, 2002, endorsing the
initiative. He encouraged the City to also participate in the campaign,
which will run from March 28, 2002, to June 14, 2002. He stated that
their website, www.ocxeltoro.com, has been updated and all negative
comments removed.
Christie Wood, 2046 Seville Avenue, stated that she manages several
of the retail businesses in the buildings that CJ Williams owns, which
includes contacting Mr. Williams when there are plumbing problems.
She reported that during the eight years that she has worked in this
capacity, tree roots were never a cause of the plumbing problems. She
stated that she is aware of one business in the area that did have a
problem, but she felt that the tree roots can be maintained without
damaging the trees. Ms. Wood stated that Newport Beach has been
named a Tree City by the National Arbor Day Foundation for a couple
of years in a row. She stated that the trees make the City charming.
She presented a Save the Trees Petition, signed by people who feel the
same way.
Jan Vandersloot, Newport Heights, member of Stop Polluting Our
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City Council Minutes
March 26, 2002
INDEX
Newport (SPON), requested that the issue of the ficus trees on Main
Street be agendized for a future City Council meeting. He stated that
there is enough public interest to warrant the issue being reopened.
Dr. Vandersloot referred to, and distributed, the letter he wrote to the
City Council on June 24, 2001. He stated that the letter points out
that a report commissioned by the City in April 2001, stated that the
ficus trees on Main Street could be preserved. Dr. Vandersloot stated
that the trees are landmark trees and the City has the responsibility
to save such trees. In conclusion, he stated that the City Council
should listen to the citizens and reopen the issue.
Tom Naughton, 1700 Port Margate Place, President of the Airport
Working Group (AWG), stated that AWG supports Scenario One for
the extension of the John Wayne Airport (JWA) settlement agreement.
He noted, however, that Scenario One leaves a shortfall of 24.6 million
annual passengers by the year 2020. He stated that AWG believes
that without El Toro as a second airport in Orange County, JWA will
be expanded in the future. Mr. Naughton stated that Orange County
needs both an airport at El Toro and JWA to meet future demand and
cannot rely on other airports in the region to fill the shortfall.
Shirley Conger, Corona del Mar, AWG Board of Directors, stated that
she received a letter from a friend who used to live in Manhattan
Beach, relating to the demise of the ocean front property in the Vista
del Mar area due to the expansion of LAX. She stated that the entire
area was demolished and the houses, that used to overlook a beautiful
beach, were removed. She concluded by stating that she hoped the
same thing wouldn't happen to Newport Beach.
Gay Wassall - Kelly, 409 E. Edgewater, President of the Balboa
Merchants /Owners Association, stated that many studies have been
done and it has been concluded that the ficus trees on Main Street are
out of scale with the street and are in the wrong place in relationship
to Balboa's revitalization plan. She stated that the merchants would
like to save the trees, but plumbing costs and repairs have been a
problem. Ms. Wassall•Kelly displayed a tree root that was found in
the area.
George Margolin, Newport Beach, noted a cartoon in the paper earlier
in the day regarding looters logic, or people who steal and utilize it as
justification. Mr. Margolin stated that it could be describing South
County. He stated that his concern is that South County will not
support the City in its effort to extend the JWA Settlement
Agreement. Mr. Margolin asked that the City continue to work with
him.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE
Council Member Adams reported that the General Plan Update
Committee met on March 25, 2002, and heard a presentation on the
proposed scope of services for the travel demand modeling work that
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March 26, 2002
M.
N.
would be done to support the Visioning Program. He stated that a
recommendation would be agendized for the City Council meeting of
April 9, 2002.
Mayor Pro Tem Bromberg noted the many City committees and stated
that they set the tone for the direction of the City. He stated that all
of the committee meetings are open to the public and he encouraged
anyone to attend the meetings. Mayor Pro Tem Bromberg stated that
additional information can be received from the City Clerk's office.
PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
16. PLANNING COMMISSION AGENDA FOR MARCH 21, 2002.
Assistant City Manager Wood stated that due to only four members of
the Planning Commission being present at the March 21, 2002,
meeting, several applicants requested that their items be continued.
She stated, however, that action was taken on three of the items on
the agenda. The Fluter Mixed Use Project regarded an amendment to
one of the conditions of approval. The Planning Commission
determined that the vertical coastal access was excessive. Assistant
City Manager Wood stated that the Newport Classic Inn proposal to
replace the existing restaurant and some other space with eleven new
guest rooms was approved. Lastly, the Planning Commission
approved the opening of Beverages and More in the Atrium Court at
Fashion Island.
Motion by Mayor Pro Tem Brombere to receive and file the
written report.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
PUBLIC HEARINGS
17. REVIEW OF U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) SOCIAL SERVICE AND FAIR
HOUSING GRANTEE APPLICATIONS FOR FY 2002 -2003
ACTION PLAN.
Associate Planner Trimble stated that up to 15% of the City's annual
Community Development Block Grant (CDBG) allocation can be used
for public service agencies. He stated that the estimate for this year's
allocation is $490,000, or a total of $73,500 that can be allocated to
various public service agencies. He stated that the requests totaled
$90,000 and a distribution plan was worked out to provide funding to
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`l013
Planning
Commission
(68)
CDBG Action Plan
FY 2002 -2003
(87)
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City Council Minutes
March 26, 2002
INDEX
six different providers. Associate Planner Trimble stated that the
distribution is determined by the amount of funding requested, the
past performance and proposed accomplishments of the individual
groups, the specific benefits to Newport Beach residents and City
priorities.
Mayor Ridgeway opened the public hearing.
David Levy, Fair Housing Council of Orange County, expressed his
agency's appreciation for the recommendation that their request be
fully funded. Mr. Levy stated that the Fair Housing Council provides
fair housing education, counseling and enforcement services. He
stated that their funding request was based on the service demand for
Newport Beach, and it is anticipated that ten Newport Beach
households will be served on housing discrimination matters and 320
households on landlord/tenant matters.
Jean Wegener, Executive Director of Serving People In Need (SPIN),
thanked staff for their recommendation to fund SPIN. She stated that
many of the SPIN board members are Newport Beach residents,
several area groups are volunteers and that SPIN was founded in
Newport Beach. She expressed her appreciation for the City's support
of SPIN.
Greg Compton, incoming Board President of FISH- HARBOR AREA,
Inc., expressed FISH's gratitude for the City's continuing support. He
stated that the mission of FISH is to prevent homelessness and
hunger in the community, focusing mainly on Newport Beach and the
harbor area.
Mayor Ridgeway asked where FISH is located. Mr. Compton stated
that FISH is located adjacent to Ensign School, in an unmarked home
on the school premises. He added that their location may be changing
soon.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Mayor Pro Tem Bromberg stated that the City makes the CDBG
allocations every year and he thanked the recipients for attending the
meeting.
Motion by Mayor Pro Tern Bromberg to approve recommendations
for funding of social service sub - recipients.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
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City of Newport Beach
City Council Minutes
March 26, 2002
18. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT
RENEWAL PUBLIC HEARING AND LEVYING OF
ASSESSMENTS FOR 2002 -2003 FISCAL YEAR.
Associate Planner Trimble stated that the Balboa Village Business
Improvement District (BID) is not proposing any changes to their fees
or boundaries, and the City has received no protests regarding the
assessment.
Mayor Ridgeway opened the public hearing.
Gay Wassall- Kelly, 409 E. Edgewater, President of the Balboa
Merchants/Owners Association (BMOA), expressed the BMOA's
appreciation for the City's continued support of Balboa Village. She
added that the merchants appreciate the City's response to their
complaints during the revitalization construction project. She stated
that they have been marketing the area and the businesses have
remained open during the construction. She stated that the area's
website, www.balboanewnortbeach.com, has also been a valuable tool.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Motion by Council Member Glover to adopt Resolution
No. 2002 -24 confirming the levying of assessments.
The motion carried by the following roll call vote
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
19. CAMCO PACIFIC CONSTRUCTION COMPANY (PA2001 -157) —
1811 QUAIL STREET — RE- ADOPTION OF A PLANNED
COMMUNITY DEVELOPMENT TEXT AMENDMENT TO
NEWPORT PLACE PLANNED COMMUNITY BLOCK G & H,
PERMITTING A 1,590 NET SQUARE FOOT ADDITION TO AN
EXISTING OFFICE BUILDING LOCATED AT 1811 QUAIL
STREET.
Mayor Ridgeway stated that the item has been agendized to take care
of an administrative correction.
Mayor Ridgeway opened the public hearing.
Hearing no testimony, Mayor Ridgeway closed the public hearing.
Motion by Council Member O'Neil to introduce Ordinance
No. 2002 -6 to re -adopt Planned Community Development Text
Volume 55 - Page 85
INDEX
Res 2002 -24
Balboa Village
BID
(27)
Ord 2002.6
GPA 2001 -004
PA 2001 -157
Camco Pacific
1811 Quail Street
(45)
City of Newport Beach
City Council Minutes
March 26, 2002
Amendment 2001 -002 for property located at 1811 Quail Street; and
pass to second reading on April 9, 2002.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
20. PACIFIC REPUBLIC CAPITAL OFFICE BUILDING (PA2001-
161) — 1150 GRANVILLE DRIVE — DEVELOPMENT OF AN 8,000
SQUARE FOOT PROFESSIONAL OFFICE BUILDING WITH
BELOW GRADE PARKING. THE APPLICATION INCLUDES A
GENERAL PLAN AMENDMENT AND A ZONING CODE
AMENDMENT TO INCREASE THE EXISTING DEVELOPMENT
ALLOCATION FROM 5,000 SQUARE FEET TO 8,000 SQUARE
FEET. THE CODE AMENDMENT INCLUDES A REQUEST TO
REDUCE THE REAR YARD SETBACK OF 35 FEET ALONG
NEWPORT CENTER DRIVE TO 25 FEET. THE PROJECT
INVOLVES THE ESTABLISHMENT OF A SITE PLAN REVIEW
(SPR) OVERLAY DISTRICT FOR THE PROJECT SITE TO
ALLOW PLANNING COMMISSION REVIEW OF THE
PROJECT. A MODIFICATION PERMIT IS REQUESTED FOR 3
DIFFERENT ENCROACHMENTS INTO THE PROPOSED 25-
FOOT REAR YARD SETBACK ALONG NEWPORT CENTER
DRIVE AND AN ADDITIONAL MONUMENT SIGN.
In response to the staff report, which states that the site was re-
designated from Multi- Family Residential to Administrative,
Professional & Financial Commercial in 1994, Mayor Ridgeway
recalled that the area was previously designated as open space. He
added that he believes the project is a responsible one, but that he is
troubled by the letter from the Granville Community Association,
which asks that the setback be on the City's side and not on the
Association's side.
Mayor Pro Tern Bromberg asked if the parking would be completely or
partially subterranean. Associate Planner Weber stated that it's
partially subterranean with two spaces located on the main drive and
29 subterranean spaces.
Council Member Heffernan asked why the four parking spaces for
every 1,000 square feet (4:1) parking ratio was not adhered to.
Associate Planner Weber stated that the applicant has indicated that
the building will conform to the parking, which can be done by
reducing the building size. Council Member Heffernan asked why an
additional 3,000 square feet was being recommended when the
applicant doesn't have enough parking to justify the building.
Assistant City Manager Wood stated that this is the reason for the
general plan amendment. She added that the Planning Commission
Volume 55 - Page 86
INDEX
Ord 2002 -7
Res 2002 -26
GPA 2001 -003
PA 2001 -161
Pack Republic
Capital
1150 Granville Drive
(45)
City of Newport Beach
City Council Minutes
March 26, 2002
INDEX
did add a condition of approval to ensure that the building
sized to meet the parking requirement.
Council Member Glover confirmed with Associate Planner Weber that
parking is located outside the gate.
Mayor Ridgeway confirmed that the findings and conditions do adjust
the building to comply with the 4:1 ratio. He asked if the parking
would truly be tucked under. Associate Planner Weber stated that
there would be some excavation of the site. He added that the site is
relatively flat on the Granville Drive side, but does slope up on the
Newport Center Drive side. Additionally, Associate Planner Weber
stated that the parking would extend above ground 1'/z to 2'/ feet,
depending upon the location on the site.
City Manager Bludau noted the model on display at the current
meeting.
Mayor Ridgeway opened the public hearing.
Bill Ficker, 1127 Granville Drive, stated that the project has been
under consideration and design for a couple of years, and was held off
due to Greenlight. He stated that it's a unique, transitional property
and the building would be camouflaged by the landscaping. He stated
that the building will be of high quality and of residential scale. He
stated that the parking requirement will be hard to meet and that,
most likely, the building will be reduced to 7,750 square feet so that
only 31 spaces will be required. Mr. Ficker stated that excavation will
be done for the garage and the parking will truly be underground. He
stated that the two outside parking spaces can also be used by delivery
trucks. He stated that he hoped the City Council would concur with
the Planning Commission and approve the project.
Council Member Heffernan asked why the project was held off due to
Greenlight. Mr. Ficker explained that at the time the project was
being initiated, Greenlight was also being initiated and the thresholds
weren't known.
Council Member O'Neil recalled meeting Mr. Ficker 33 years ago,
which was when Council Member O'Neil began working for the City
and soon after Mr. Ficker won the America's Cup.
Motion by Council Member O'Neil to adopt Resolution No. 2002 -26
to approve General Plan Amendment No. 2001.003 and approve Site
Plan Review No. 2002 -001, and Modification Permit No. 2002 -029
(PA2001 -161) for the property identified as 1150 Granville Drive; and
introduce Ordinance No. 2002.7 approving Code Amendment 2001-
003, and pass to second reading on April 9, 2002.
Council Member Glover also recalled when she met Mr. Ficker, and
mentioned that it was in the Council Chambers.
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City of Newport Beach
City Council Minutes
March 26, 2002
Jim Hildreth, 120 The Grand Canal, stated that he is glad to see that
the project will not impact the community.
Seth Oberg, 1117 Granville Drive, President of the Granville
Community Association, stated that the Association wants to make
sure that the project fits in with the overall look of the area. He stated
that the reason the Association is asking for the setback to be reduced
on the Newport Center Drive side of the site is because there is
already landscaping on that side of the lot so the building would be
hidden and it centers the building on the lot. Mr. Oberg asked that
another condition be added to limit on -grade parking spaces to two.
Mr. Ficker stated that he was under the impression that the condition
requested by Mr. Oberg was already a condition of approval by the
Planning Commission, and that he did intend to only have two spaces
on- grade. Assistant City Manager Wood stated that she also recalled
that it was a condition of the Planning Commission and she believed it
was part of Condition No. 1, which states that the development will be
in substantial conformance with the plans dated January 8, 2002.
Council Member O'Neil amended his motion to specifically
include the condition that only two parking spaces are allowed on-
grade.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
The motion carried by the following roll call vote:
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
O. CURRENT BUSINESS (continued)
22. APPROVAL OF AGREEMENT WITH THE ORANGE COUNTY
TRANSIT AUTHORITY; ACCEPTANCE OF GRANT FUNDS
FOR THE PROGRAM; AND AUTHORIZE INCREASED
STAFFING.
City Manager Bludau stated that part of the recommended action for
this item is to change a part -time position to a full -time position. City
Manager Bludau stated that he had earlier told the City Council that
he would not be adding any new positions, but that the opportunity in
this situation warrants the addition.
Senior Services Manager Jardine -Haug stated that by approving the
recommended contract with the Orange County Transit Authority
(OCTA), additional transportation will be provided to the older
residents of Newport Beach. She stated that the contract is for five
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INDEX
C -3523
Orange County
Transportation
Authority (OCTA)
Senior Mobility
Program
(38)
City of Newport Beach
City Council Minutes
March 26, 2002
liN0b►:1
years, with an optional renewal period of an additional five years. She
noted the ten -year funding plan included in the staff report.
Senior Services Manager Jardine -Haug stated that Community
Services currently has three vehicles, two of which are owned,
operated and managed by the City. She added that the drivers of the
vehicles are employees of the Friends of Oasis, a nonprofit
organization. She stated that the third vehicle is funded by Hoag
Hospital though the Hoag Community Partnership Grant. She stated
that the primary service of the program is to transport frail, elderly
people from their homes to medical appointments and other errands,
and to transport people to the Oasis Center for activities. She stated
that the program completes approximately 900 one -way rides per
month.
Senior Services Manager Jardine -Haug stated that OCTA conducted a
survey a couple of years ago and found that the senior population
doesn't utilize the big buses. The Senior Mobility Program is being
offered to every city in order to meet the needs of seniors on a local
basis with vans that are appropriate. She stated that the funding
level varies by city, according to its demographics, and the money can
only be used in certain ways. Senior Services Manager Jardine -Haug
stated that staffs recommendation is to spend the money being
granted to Newport Beach on a new eight - passenger vehicle, hiring a
new driver and adding a full-time position to assist in coordinating the
efforts of the transportation program. She stated that the grant would
not cover the actual purchase of the vehicle and she will propose that
this money be included in the 2002 -2003 budget for the Senior
Services Division of the Community Services Department.
Senior Services Director Jardine -Haug stated that the program would
allow the City to offer 300 additional one -way rides per month,
alleviate the practice of having to deny rides, allow for more flexibility
in the types of rides requested and allow the additional time needed to
pick up Newport Coast residents.
Motion by Mayor Pro Tem Brombere to approve the agreement
with Orange County Transit Authority (OCTA) for the Senior Mobility
Program, effective May 2002 for a period of five years; accept from
OCTA the amount of $10,777, the proportional amount for 2 months of
the FY 2001102 allocation of $64,663; and effective May 2002,
authorize increasing the current part time Senior Recreation
Coordinator position to a full -time position.
Jim Hildreth, 120 The Grand Canal, stated that the drivers are not
driving correctly in the alleys on either side of The Grand Canal. He
suggested that the grant money be used for training the drivers
instead. He stated that he's noted damaged vehicles and doesn't feel
that this is appropriate for picking up senior citizens.
The motion carried by the following roll call vote:
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City of Newport Beach
City Council Minutes
March 26, 2002
Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Proctor
P. MOTION FOR RECONSIDERATION - None.
Q. ADJOURNMENT - 9:25 p.m. in the memory of Loren Heather,
husband of former Mayor Jackie Heather.
axa,er * «* *•mew
The agenda for the Regular Meeting was posted on March 20, 2002, at
3:00 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Recording Secretary
Mayor
Jity 9 /
%/ i .. r �' ..
�4
43
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