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HomeMy WebLinkAbout12/17/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 17, 2002 - 7:00 p.m. STUDY SESSION — 4:30 p.m. 11013 CLOSED SESSION — 5:30 p.m. +xx xrtretrtnr *a,r :,r:r,ett A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT Mayor Bromberg announced that the City Council met with its real property negotiators to discuss the proposed bifurcation of the existing lease between the City and the Balboa Bay Club. The City Council gave general direction to the negotiators but did not vote on any specific proposal. D. PLEDGE OF ALLEGIANCE — Council Member Heffernan. E. INVOCATION — Mrs. Marianne McDaniel. F. PRESENTATIONS Taste of Newport Grant Presentations. Richard Luehrs, Newport Beach Chamber of Commerce President, introduced Phil Bettencourt, Chairman of the Newport Beach Chamber of Commerce Board. Mr. Luehrs stated that six nonprofit organizations serving the Newport Beach community were selected to receive this year's grants from the proceeds of the Taste of Newport. Mr. Bettencourt acknowledged the City for its part in making the Taste of Newport a success. He presented $2500 grant checks to the Boy Scout Sea Base, Newport -Mesa Schools Foundation, Human Options, Newport Beach Film Festival, Youth Employment Service and Leadership Tomorrow. Mayor Bromberg thanked the Chamber of Commerce for its support of the community. Volume 55 - Page 526 City of Newport Beach City Council Minutes December 17, 2002 ufi�7 Proclamation recognizing Jerry King for his outstanding leadership and contributions in the area of water resources planning, management and urban runoff in Orange County. Mayor Bromberg presented the proclamation to Jerry King, congratulating him on his contributions in the water and environmental fields, and wishing him happiness and success in his future endeavors. Mr. King stated that it has been a pleasure to serve the community and he thanked those who have supported him. Mayor Pro Tem Ridgeway additionally acknowledged Mr. King for his graciousness and all he has given to the community. Jan Debay, representing the Orange County Water District Board, stated that Mr. King is a great leader and a tremendous mentor, and that honor will continue to follow him. Proclamation for Environmental Nature Center. Bo Glover, Executive Director of the Environmental Nature Center (ENC), introduced Robert Shelton, President of the ENC Board, Robert House, founder of the ENC, and Dr. Norman Loats, ENC Board Member. Mayor Bromberg presented the proclamation recognizing the ENC as a natural and environmental resource of the highest quality to Newport Beach. Mr. Shelton thanked the City for the recognition. He stated that in 1972, Dr. House began to convert a 2 -%2 acre parcel of raw land into the natural wonderland that it is now. Mr. Shelton invited everyone to come by the ENC periodically and, particularly on the third Thursday of every month at noon for tours led by Dr. House. Mr. Shelton thanked the City Council for its support of the ENC. Council Member Webb stated that the ENC is a wonderful resource and has been a great benefit to the scouting program. 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 a status report on the new traffic signal proposed for San Miguel Drive and Spyglass Hill Road. He stated that he'd like to include an update in his District 7 newsletter. Council Member Proctor announced that the City is still moving forward on the potential for curtailing access in the West Newport area on the 4th of July. He stated that the July 4th West Newport Safety Planning Committee would be meeting again in January to look at the feasibility of such a proposal and how to contact the citizens Volume 55 - Page 527 City of Newport Beach City Council Minutes December 17, 2002 that would be affected. Council Member Proctor stated that it's important that the public provide their input, whether in opposition or support of the idea. Council Member Webb requested that the creation of an ad hoc committee for the Mariners Joint Use Library be considered at a future City Council meeting. He explained that a grant and donations have been received, and it's important to see the project move forward as rapidly as possible. Council Member Webb suggested that the committee be comprised of a council member, a school board member, a library board member and the appropriate City staff members. He added that subcommittees might also be formed that would deal with the design of the library and any site issues. Council Member Webb additionally requested that the creation of a citizens committee be considered that would plan for the City's centennial in September of 2006. He stated that anniversary books were produced for the City's 25th, 50th and 75th celebrations, and he'd like to see something fitting done for the centennial. Mayor Bromberg reminded everyone that the City's 94th annual Christmas Boat Parade begins on Wednesday, December 18th. He noted that the event is sponsored by the Newport Beach Chamber of Commerce. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 26, 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. RESOLUTIONS FOR ADOPTION 3. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2003 UNDER THE CITY S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2002 -86 adopting the 2003 Designated Employees List, as corrected by City Clerk Harkless to change the title of the Harbor Resources Division Director to Harbor Resources Manager and Harbor Inspector to Assistant Manager. CONTRACTS AND AGREEMENTS 4. PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM AVERY & ASSOCIATES. Approve agreement for January 1 through December 31, 2003 for $4,750 per month, as corrected by City Clerk Harkless who noted that the agreement is for a twelve month period Volume 55 - Page 528 INDEX Res 2002-86 Conflict of Interest (66) C -3075 Labor Negotiations (38) City of Newport Beach City Council Minutes December 17, 2002 INDEX Volume 55 - Page 529 and not twenty -four months as noted in the attachment to the staff report. 5. BALBOA VILLAGE IMPROVEMENTS PHASE I (C -3333) - C -3333 COMPLETION AND ACCEPTANCE. 1) Accept the work; Balboa Village 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Improvements the City Clerk to release the Labor and Materials bond 35 days after Phase the Notice of Completion has been recorded in accordance with (38) applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 6. STREET IMPROVEMENTS - MONROVIA AVENUE FROM 15TH C -3471 TO 16TH STREET AND 16TH STREET FROM MONROVIA BA -029 AVENUE TO SUPERIOR AVENUE (C -3471) - COMPLETION Street AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Improvements/ Clerk to file a Notice of Completion; 3) authorize the City Clerk to Monrovia Avenue release the Labor and Materials bond 35 days after the Notice of & 16th Street Completion has been recorded in accordance with applicable portions (38/40) of the Civil Code; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) approve a budget amendment (BA -029) appropriating $26,000 from the unappropriated balance of the Gas Tax Fund to Account No. 7181- C5100643. 7. BUCK GULLY SEWER RELOCATION /SIPHON C -3566 ABANDONMENT (C -3566) - COMPLETION AND Buck Gully ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to Sewer Relocation/ file a Notice of Completion; 3) authorize the City Clerk to release the Siphon Labor and Materials bond 35 days after the Notice of Completion has Abandonment been recorded in accordance with applicable portions of the Civil Code; (38) and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 8. NEWPORT BOULEVARDBALBOA BOULEVARD ROADWAY C -3373 AND STORM DRAIN REHABILITATION - AWARD OF Newport Blvd./ CONTRACT (C- 3373). 1) Approve the plans and specifications; Balboa Blvd. 2) award the contract (C -3373) to Sully Miller Contracting Company Roadway & for the total bid price of $1,767,365 and authorize the Mayor and the Storm Drain City Clerk to execute the contract; and 3) establish an amount of Rehabilitation $176,735 to cover the cost of unforeseen work and materials testing. (38) 9. Item removed from the Consent Calendar by Council Member Adams. 10. Item removed from the Consent Calendar by Council Member Webb. MISCELLANEOUS ACTION 11. REAPPOINTMENT OF REPRESENTATIVE TO THE ORANGE Orange County COUNTY VECTOR CONTROL DISTRICT BOARD. Confirm Vector Control Mayor Bromberg's reappointment of Dr. Virginia Barrett to the District Board Orange County Vector Control District Board for a four -year term Appointment Volume 55 - Page 529 City of Newport Beach City Council Minutes December 17, 2002 ending December 31, 2006. 12. Item removed from the Consent Calendar by Council Member Heffernan. 13. APPROPRIATION OF $50,000 FROM THE AFFORDABLE HOUSING MITIGATION FUND TO CIP ACCOUNT #7014, C2700706 IN SUPPORT OF THE LOWER BAYVIEW AFFORDABLE SENIOR HOUSING PROJECT. Approve budget amendment (BA -028) to appropriate $50,000 from the Affordable Housing Mitigation Fund to Lower Bayview Affordable Senior Housing Project CIP. Motion by Mayor Pro Tem Ridgeway to approve the Consent Calendar, except for those items removed (9, 10 and 12) and noting the corrections to Item Nos. 3 and 4. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. TRAFFIC FLOW OPTIMIZATION PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MEYER, MOHADDES ASSOCIATES, INC. Council Member Adams stated that he's pleased to see the item before the City Council, although a bit disappointed that it's taken so long. He noted that he raised the issue in January of 2002 and is anxious to see the project get underway. In addition to traffic signal timing, the consultant is being asked to identify any marginal improvements to intersections. Council Member Adams stated that he's optimistic the efforts will result in motorists noticing a difference. He requested that the agreement identify the actual engineer who will be doing the timing component of the project, and noted that he already discussed this with the Public Works Director who stated that an organizational chart will be attached to the agreement. Motion by Council Member Adams to approve a professional services agreement with Meyer, Mohaddes Associates, Inc. of Anaheim for the Traffic Flow Optimization Project at a contract price of $235,760 and authorize the Mayor and the City Clerk to execute the agreement. Mayor Pro Tem Ridgeway confirmed with City Attorney Burnham that the contract will be modified to specify that the City has the right to cancel if the attachment is changed. Public Works Director Badum Volume 55 - Page 530 INDEX (24) BA -028 Affordable Senior Housing Project (40/68) C -3589 Traffic Flow Optimization Project (38) City of Newport Beach City Council Minutes December 17, 2002 INDEX stated that as is standard with all professional services agreements, the agreement does include a provision that requires permission of the City to substitute any key personnel. He further confirmed that an organizational chart would be attached to the agreement to reaffirm the personnel assigned to the project. Council Member Adams noted that the project is a good start to an effort that has been lacking for quite some time, but it will be important to stay on top of the issue if the full benefits are to be realized, even if it means additional staffing or a reorganization of the public works department. Bernie Svalstad, Corona del Mar, congratulated the City for addressing the issue and noted that it was one of his campaign pledges in his recent run for the District 6 City Council seat. Referring to Exhibit A of the agreement, Scope of Work, and specifically Task 4, technology enhancement recommendations and preliminary design of a traffic operations center, Mr. Svalstad stated that this is an important component of the project. He noted that it will take quite some time, but will be a necessity in the future. In conclusion, he asked that the City Council approve the staff recommendation. Council Member Heffernan asked how the City will work with CalTrans to implement the suggestions made by the consultant. He additionally asked for an explanation of how the project will dovetail with the work being done on the Corona del Mar Vision 2004 program. Council Member Nichols confirmed with Council Member Adams that the consultant is to provide suggestions which optimize the systems currently in place. Mayor Bromberg further explained that the project will provide for better traffic synchronization and end motorists having to stop at every light. Mayor Pro Tem Ridgeway repeated Council Member Heffernan's previous questions about the City's ability to modify the signals controlled by CalTrans. Public Works Director Badum stated that CalTrans does understand the need to have all of the traffic signals work together. He added that CalTrans will most likely require that the City balance regional traffic needs with local traffic needs if the takeover of Coast Highway in Corona del Mar is to occur. Mayor Bromberg asked if working with CalTrans will slow the process at all. Public Works Director Badum stated that the City will do its best to keep the project moving forward. He noted that the City probably has the best relationship it's had with CalTrans in several years. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Volume 55 - Page 531 City of Newport Beach City Council Minutes December 17, 2002 Bromberg Noes: None Abstain: None Absent: None 10. CORONA DEL MAR STATE BEACH IMPROVEMENTS — AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ROBBINS JORGENSEN CHRISTOPHER ARCHITECTS. Council Member Webb asked for a description of the original project design, for a description of the proposed expanded scope of the project, what the new estimated cost would be and when the concept plans would be available for review. Public Works Director Badum stated that it had always been envisioned that the restrooms and the concession buildings would be replaced, and that some type of lifeguard facility would be added. Since it was unknown how much the City could afford to spend, the scope of the project and the extent of the enhancements have been unclear. He added that there still needs to be public input provided also. Public Works Director Badum stated that the City started with approximately $500,000 from the American Trader oil spill account plus money from a State grant, and that the City is now recommending that more of the oil spill account money be used, for a project total of approximately $1,177,000. Council Member Nichols asked how the community would be reached to receive their input. Public Works Director Badum stated that the exact mode hasn't been determined, but that the City fully intends to get the information out and receive input. Council Member Nichols stated that the project involves a lot of money, and he'd like to see the community take part in the process. City Manager Bludau stated that the scope of work with the architect includes an outreach program, particularly with the area residents. Council Member Nichols stated that the residents have several issues they're concerned about and they need to be involved from the beginning. Council Member Adams confirmed with Senior Planner Berger that the Parks, Beaches & Recreation Commission has been involved during the initial phases of the project. Senior Planner Berger added that there is a three- tiered public outreach program planned, that will parallel the development of the design concepts being done by the architects. He stated that meetings with staff have already taken place, a committee of immediate residents will be established and then a broader public outreach process will occur. Senior Planner Berger stated that Corona del Mar is a State beach, which means that public use has to be preserved while the concerns of the local residents are also addressed. He stated that the Parks, Beaches & Recreation Commission will continue to be involved and that the item will be before the City Council on at least two more occasions. Council Member Nichols confirmed with Senior Planner Berger that mailings to the local residents have not yet been done. Senior Planner Volume 55 - Page 532 INDEX C -3461 BA -027 Corona del Mar State Beach Improvements (38/40) City of Newport Beach City Council Minutes December 17, 2002 Berger added, however, that some input has already been received from the public by way of a survey that was done which provided approximately 800 responses. Mayor Bromberg noted that the City has become very good at public outreach. Motion by Mayor Pro Tern Ridgeway to 1) approve Amendment No. 1 to Professional Services Agreement with Robbins Jorgensen Christopher Architects and authorize the Mayor and the City Clerk to execute the Amendment; 2) approve a budget amendment (BA -027) appropriating $365,535 in Division 7295 (Special Sources — Oil Spill Remediation) funds from interest and other oil spill projects to the Corona del Mar State Beach Improvements project (Account No. 7295 - 05100569) as authorized by the American Trader Trustees on October 3, 2002; and 3) direct staff to appropriate any further investment earnings on remaining Oil Spill Remediation funds and any excess funds from completed oil spill projects to the Corona del Mar State Beach Improvements Project. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 12. REQUIRED REIMBURSEMENT OF LEGAL COSTS FOR ORANGE COUNTY LAFCO ASSOCIATED WITH A SIMPLE VOTE V. LAFCO OF ORANGE COUNTY. Council Member Heffernan noted that the issue is related to the Newport Coast annexation. After the protest period ended, a group of residents were dissatisfied and brought a lawsuit against the Orange County Local Agency Formation Commission (OC LAFCO) in an attempt to stop the annexation. The City had agreed to indemnify the County and also had legal fees of its own. Council Member Heffernan confirmed with City Attorney Burnham that the City is required to pay these fees even though the lawsuit was dismissed voluntarily. He made the observation that the resident had the legal right to file the lawsuit, but that the action did cost the City approximately $32,000. Motion by Mayor Pro Tern Ridgeway to 1) authorize the City Manager to pay Orange County LAFCO $20,865 to reimburse OC LAFCO for legal costs incurred by A Simple Vote o. LAFCO of Orange County; and 2) approve a budget amendment (BA -026) transferring $20,865 in unencumbered General Fund Reserves to the City Attorney's 8080 account. The motion carried by the following roll call vote: Volume 55 - Page 533 INDEX BA -026 Reimbursement of Legal Costs/ Newport Coast Annexation (21/40) City of Newport Beach City Council Minutes December 17, 2002 INDEX Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Jan Debay, Newport Beach, announced that Speak Up Newport will be holding the annual Mayor's Dinner on February 18, 2003. She stated that the speakers will include Mayor Bromberg, Sheriff Corona and Peter Buffa. Moisey Fridman, 1100 Rutland Road, stated that the City has given the cable television franchise rights to two companies, Adelphia and Cox Communications, and the City's territory is divided between them. He stated that residents have no choice on which company provides their cable television service. Mr. Fridman expressed his dissatisfaction with the rates that are being charged, particularly by Adelphia. He stated that the franchise fees that the cable companies pay to the City are part of their operating expenses and should not be passed on to the subscribers. In regard to the negotiations that are currently underway for the renewal of both franchise agreements, he requested that the City express the residents' dissatisfaction with the rates, and consider discounts for senior citizens or those on fixed incomes. Kory Flechtner, Executive Director of the Designated Drivers Association, encouraged the City Council to write letters of support for the Association's designated drivers program. She stated that the goal of the program is to stop people from drinking and driving. Ms. Flechtner also encouraged the City Council to support any project grants or community involvement that might be available for such programs. She stated that there were approximately 12,000 driving under the influence (DUI) arrests in Orange County last year, with 1,800 people injured and 65 people killed. She stated that anyone interested in volunteering can call (949) 215 -0988. Ms. Flechtner explained that volunteers go out in teams of two to sponsor bars, with one driving the intoxicated driver's car home and the other following in their own car. She stated that it eliminates the excuse of driving under the influence in order to get one's car home or not leave it stranded. Council Member Proctor asked how the program is funded and if it is only in place during the holidays. Ms. Flechtner stated that the program operates year -round on Friday and Saturday nights from 10:00 p.m, to 2:00 a.m., and also on major drinking holidays. She stated that the program in Orange County is funded by Mitsubishi Motors and the sponsor bars, and that she is seeking additional grant funding. Council Member Proctor requested that she send additional information to him. Volume 55 - Page 534 City of Newport Beach City Council Minutes December 17, 2002 INDEX Mayor Pro Tom Ridgeway suggested that Ms. Flechtner contact the Restaurant Association Business Improvement District. She stated that she has already made arrangements to speak at their February meeting. Don Albrecht, Vice Commodore of South Shore Yacht Club (SSYC), 2527 W. Coast Highway, stated that SSYC is the third oldest yacht club on the Newport bay and prides itself on keeping the yacht club affordable for those entering the yachting community. He announced that SSYC would be hosting an open house during each night of the Christmas Boat Parade this year. He stated that SSYC has been at their current location since 1963. Per Mayor Pro Tem Ridgeway's questions, Mr. Albrecht stated that the current paid membership of the yacht club is approximately 110 members, with approximately 87 full flag members, 18 nonresident members and the remaining consisting of racing crew and skippers. He added that the yacht club had a paid membership of approximately 180 three years prior, and that the reduction is probably due to new ownership of the land that they lease. He noted that the new owner has indicated that he'd like to take over the yacht club and remove SSYC from the site. He stated that this has caused quite a bit of controversy and doubt among the club members. Mr. Albrecht stated that they did have a first right of refusal to purchase the land in their previous lease, but the Board was unable to decide if they could afford it before the land was purchased. Derrick Gleason, Santa Ana Heights, stated that he is extremely disappointed with the recently approved John Wayne Airport settlement agreement. He stated that increasing the annual passengers to 10.8 million and adding more gates was done without receiving a reduction in air noise or revenue sharing. Mr. Gleason stated that it's also disappointing that the pursuit of another airport location has been abandoned. Lastly, he stated that he is disappointed that the City Attorney hasn't shown any respect for technology that could improve the quality of life for the community. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Council Member Adams stated that GPUC met on December 9, 2002, and that the main point of discussion was the future of the General Plan Advisory Committee (GPAC). He stated that since the outreach component of the general plan update is complete, the focus will shift to the consulting team that will take the input received and create the final document. Council Member Adams stated that GPAC led the visioning effort and it was decided that GPAC would be asked to continue their involvement, particularly with the review of some of the technical documents that will be produced. He stated that GPUC also formed a new subcommittee that would provide more focused direction to staff and the consultant groups. Volume 55 - Page 535 City of Newport Beach City Council Minutes December 17, 2002 Status report — Local Coastal Program (LCP) Certification Committee. Mayor Pro Tem Ridgeway stated that the LCP Certification Committee met on December 16, 2002. The first draft of the LCP is written. He noted that it is a policy document that incorporates the General Plan of the City and that it needs to be submitted to the Coastal Commission no later than June 30, 2003, which makes the schedule tight to meet the deadline. He noted that the document is too large to load on the internet, but that it will be printed so that the public can review and comment on it. Mayor Pro Tem Ridgeway announced that the LCP Certification Committee would be meeting again on January 2, 2003, and that the meeting is open to the public. He stated that, after initial review, the document will be submitted to staff and then to GPAC, the Planning Commission and the City Council. Mayor Pro Tem Ridgeway concluded his comments by stating that the document is well drafted, but still needs public input. Mayor Bromberg stated that he is a member of both GPUC and the LCP Certification Committee. He noted that these two committees and GPAC are the three committees that are directing the future of Newport Beach. Mayor Bromberg additionally noted that the LCP document would also be reviewed by the Environmental Quality Affairs Citizens Advisory Committee (EQAC), and that anyone who wants to comment on the document has the opportunity to do so. As chairman of the Ad Hoc Telecommunications Committee, Council Member Heffernan stated that complaints are repeatedly received on the "dead" spots in the City with regard to cell phone usage. He stated that in January of 2003, a subcommittee will be formed to study where the areas are and determine if there are sites where the City can be a potential landlord. Council Member Heffernan additionally reported that the City is negotiating the renewal of the cable television franchise agreements, and noted that the City is limited on what it can require of the cable companies. He stated that the City will receive some concessions during the renewal process and that a public needs assessment, which was recently completed, will be utilized. He stated that Mr. Albrecht's earlier comments will be added to the other public comments received. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR DECEMBER 5, 2002. Planning Director Temple reported that the agenda of the Planning Commission meeting of December 5, 2002, included six items, with four of them being relatively routine. These included a confirmation of staffs interpretation of the zoning code for a property at 500 Superior Avenue. Another involved an alcoholic beverage outlet use permit for a new restaurant in Fashion Island, which received approval, as did an amendment to the Fashion Island Planned Community District regulations regarding restaurant signs. Planning Director Temple Volume 55 - Page 536 INDEX Planning Commission (68) City of Newport Beach City Council Minutes December 17, 2002 W, noted that this item would be before the City Council in January. The Planning Commission also initiated an amendment to Title 19, the subdivision code. Planning Director Temple stated that the Planning Commission also considered an amendment to the zoning code regarding landmark buildings. She stated that the Planning Commission had several questions about the applicability of the regulations and how the changes would work. The item was continued to their meeting of January 9, 2003. Planning Director Temple stated that the Planning Commission spent a considerable amount of time discussing a use permit for the McDonald's on Coast Highway. She stated that there are several issues that still need to be resolved. In regard to the consideration of an amendment to the zoning code, Council Member Nichols noted Council Policy K -2, Places of Historical and Architectural Significance, and stated that there are three theaters in the City which fall within the definition. He stated that these facilities would not be required to get a use permit. Council Member Adams called for point of order and stated that the reports on the Planning Commission meetings are not up for debate. City Attorney Burnham stated that it would be appropriate to defer any substantive discussion of the item until the matter is before the City Council. Council Member Nichols stated that the public needs to know that the issue is being discussed at the Planning Commission level. Mayor Bromberg stated that the Planning Commission agendas are publicized on the internet and posted at City Hall. Council Member Adams added that the reason reports of the Planning Commission meetings are given at City Council meetings is to apprise the public of what's happening at the meetings. He stated that the Planning Commission meetings are not televised, so the item was added to the City Council's regular meeting agendas a couple of years ago to keep the public more informed. PUBLIC HEARINGS 15. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF VARIANCE NO. 2002 -007 AND MODIFICATION PERMIT NO. 2002 -103 (PA2002 -194). Mayor Bromberg announced that he would be recusing himself from voting on the item since the property under discussion is within 500 feet of his home. Planning Director Temple stated that the variance is for a property located at 1601 Balboa Avenue. The Planning Commission approved the project with several conditions, which included an increased Volume 55 - Page 537 INDEX Variance No. 2002 -0071 1601 Balboa Avenue (91) City of Newport Beach City Council Minutes December 17, 2002 INDEX second floor setback at the rear of the property and a reduction in the number of square feet to 1,625. She noted that revised plans for the project were received from the applicant for a 1,705.5 square foot design. This and the rear setback for a fireplace or barbecue are the only remaining requests of the Planning Commission that are not being met with the new plans. Mayor Pro Tem Ridgeway opened the public hearing. He asked for a clarification on any opposition to the project. Assistant City Manager Wood stated that a letter was received in opposition to the variance from Mr. & Mrs. Madison, which Mayor Pro Tem Ridgeway thought had been withdrawn. Assistant City Manager Wood additionally pointed out that a letter in support of the project had also been received. Patricia Eckert, the applicant and property owner, stated that the architect, Ian Harrison, did a good job of designing a compact home that adds beauty to the area. She stated that she is looking forward to moving back to Southern California, joining her family, being a contributing member of the Newport Beach community and enjoying the Little Balboa Island lifestyle. She requested the City Council's approval of her appeal, consistent with the revised plans submitted to incorporate changes that were made in the spirit of cooperation. Mayor Pro Tem Ridgeway stated that the awning on Abalone Avenue seems to be the only remaining issue. Ms. Eckert stated that there is no awning. Council Member Webb stated that the revised plans show lattice work over the balcony area, which abuts the Madison property. Ian Harrison, architect, stated that there is lattice work across the front of the balcony on Abalone Avenue, but that the fireplace is being eliminated and everything is being pulled back to five feet. He stated that this is not shown on the plans. Council Member Webb pointed out that the Planning Commission recommendations don't allow for any type of roof over the second floor deck. Council Member Adams confirmed with Mr. Harrison that the revised plans do not reflect the proposal presented to the City Council. Jim Madison, 222 Abalone Avenue, stated that his only opposition when he reviewed the plans was the fireplace sticking out. He confirmed with Mr. Harrison that the fireplace was being eliminated. Additionally, Mr. Madison confirmed that everything would be pulled back to the five -foot mark. He stated that with these confirmations, he is satisfied with the project. Council Member Webb asked if Mr. Madison had any concerns about the lattice work. Mr. Madison stated that he did not, as long as it stayed within the five -foot mark. Council Member Webb stated that he would normally support the Volume 55 - Page 538 City of Newport Beach City Council Minutes December 17, 2002 Flammmg Uommission's decision since they use a reasonable setback approach but in this case, both property owners are in agreement and the difference is only a matter of 80 square feet. Motion by Council Member Webb to approve the appeal, subject to the five -foot second story setback and the elimination of the chimney. Council Member Nichols stated that the three lots that face Balboa Avenue were originally two lots, making the lot sizes slightly less than two thirds of normal lot size. He added that the other properties on Abalone Avenue have at least ten to fifteen -foot setbacks, and the properties on Balboa Avenue have six to ten -foot setbacks. Council Member Nichols noted that he understands that the Eckert property needs a reduced setback, but he pointed out that it's going to be a monument on the sidewalk and will set a precedent for other properties. Mayor Pro Tem Ridgeway stated that the issue provides a good example of when a variance should be considered. Hearing no further testimony, Mayor Pro Tem Ridgeway closed the public hearing. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb Noes: Nichols Abstain: Mayor Bromberg Absent: None 16. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVYING OF ASSESSMENTS FOR FISCAL YEAR 2003. Senior Planner Berger stated that, if approved, the Marine Avenue Business Improvement District (BID) would begin its eighth year of continuous operation on Balboa Island. He noted that both the president and secretary of the BID could not be in attendance at the current meeting, but wanted the City Council to know that with strong involvement from its members, the BID has accomplished its mission of promoting Balboa Island and Marine Avenue, as well as beautifying and maintaining the area. Senior Planner Berger reported that no protests were received opposing the BID renewal. He asked for the City Council's support in renewing the BID. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Volume 55 - Page 539 ISNO Res 2002 -87 Marine Avenue BID (27) City of Newport Beach City Council Minutes December 17, 2002 Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2002 -87 confirming the Marine Avenue Business Improvement District Annual Report and levying the BID assessment for the 2003 fiscal year since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 17. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2003. Associate Planner Trimble reported that no protests were received opposing the BID renewal. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tem Ridgeway to adopt Resolution No. 2002 -88 confirming the Restaurant Association Business Improvement District Annual Report and levying the BID assessment for the 2003 fiscal year since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None O. CURRENT BUSINESS 18. VIRTUAL FAQ PRESENTATION [ORAL REPORT - NO ACTION]. Administrative Services Director Danner stated that "FAQ" stands for Frequently Asked Questions, and noted that the presentation was requested by Council Member Heffernan. Using a PowerPoint presentation, Administrative Services Director Danner stated that City staff began investigating using Interactive Voice Response (IVR) as a means of automating some of the day to day business functions Volume 55 - Page 540 INDEX Res 2002 -88 Restaurant Association BID (27) Virtual FAQ's/ Interactive Voice Response (IVR) System (40) City of Newport Beach City Council Minutes December 17, 2002 INDEX that were normally conducted over the telephone. New technology now offers customers the choice of using either a touch tone telephone or a computer with internet access to obtain information and conduct business transactions. He stated that the initial purpose was to automate the scheduling of building permits and that it was later determined that there were additional needs beyond the more traditional IVR applications. Administrative Services Director Danner stated that after the IVRIWeb based application for the Building Department was completed, dial out applications for the Revenue Division were completed. The next application to go live provided municipal services statement account balances and facilitated the payments using a credit card. Administrative Services Director Danner stated that the most recent application provides static prerecorded information to customers and was designed to provide customers with answers to their most frequently asked questions. He stated that nearly 300 scripts were edited, compiled and professionally recorded in a sound studio. The information can be accessed by using either a telephone or the internet. Administrative Services Director Danner reported that a guide to using the system was recently completed and mailed to 52,000 residences and businesses in the City. He stated that the information can be accessed 24 hours a day, 7 days a week, with the option to receive several documents via fax machine. He displayed the long list of topics that are included in the brochure. Administrative Services Director Danner demonstrated the use of the system. He dialed (949) 644 -3211 and pressed a few of the codes, which prompted the prerecorded messages of those topics selected. He introduced Management Information Systems (MIS) Manager Malkemus, who did much of the work for the new system. Mayor Bromberg complimented the wide range of topics included in the system and the time that it will save staff. Mayor Pro Tom Ridgeway asked if there was a complaint section. MIS Manager Malkemus stated that the system is currently not designed for customer feedback, but it could be implemented. In response to Council Member Proctor's question, MIS Manager Malkemus stated that the system cost approximately $89,000. Council Member Heffernan asked if other cities currently use such a system. MIS Manager Malkemus stated that several cities do, such as Huntington Beach and Diamond Bar. Council Member Heffernan additionally asked if there was a cost benefit to using the system. Administrative Services Director Danner stated that it does free up staff time. Council Member Heffernan agreed that it provides better service by providing precise information, with the option for the customer to talk with someone if they desire. Mayor Bromberg stated that it is an effective program and thanked Volume 55 - Page 541 City of Newport Beach City Council Minutes December 17, 2002 INDEX the Administrative Services Department for the presentation and putting the program together. P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:00 p.m. in the memory of Dorothy Brittingham Koll. The agenda for the Regular Meeting was posted on December 11, 2002, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secrets y �\ Mayor ,2L City Clerk Volume 55 - Page 542