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HomeMy WebLinkAbout04/08/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 8, 2003 - 7:00 p.m. ,'1'U 1) Y ZSEZJ61VN - 4:UU P.M. INDEX CLOSED SESSION - 5:55 p.m 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 - None. D. PLEDGE OF ALLEGIANCE - Mayor Pro Tom Ridgeway. E. MOMENT OF SILENCE F. PRESENTATION Proclamation recognizing April 2003 as Autism Awareness Month. 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 Webb announced that the Mariners Joint Use Library Ad Hoc Steering Committee will be meeting on Wednesday, April 9 at 4:00 p.m. at the Mariners Elementary School library. • Council Member Nichols requested an update regarding the Coast Highway negotiations with the State, including cost figures. • Council Member Nichols requested statistical justification for the lifeguard stations at the Corona del Mar Beach. • Mayor Bromberg announced that the Relay for Life, which is a cancer awareness and Fundraising event, will be held on May 2 and May 3 at the Newport Harbor High School track. Volume 56 - Page 78 City of Newport Beach City Council Minutes April 8, 2003 INO11W4 I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. Removed at the request of Council Member Nichols. RESOLUTION FOR ADOPTION 4. Removed at the request of an audience member. 5. RESOLUTION INITIATING AMENDMENTS TO CHAPTER 20.89 Res 2003 -22 OF THE NBMC PERTAINING TO THE SALE OR STORAGE OF Alcoholic ALCOHOLIC BEVERAGES OUTSIDE OF THE ESTABLISHMENT. Beverage Adopt Resolution No. 2003 -22 initiating an amendment to the Alcoholic Outlet Beverage Outlet Ordinance (Chapter 20.89) that would prohibit off-sale Ordinance alcoholic beverage outlets from selling or storing alcoholic beverages (94) outside of the exterior walls of the establishment. CONTRACTS AND AGREEMENTS 6. BALBOA ISLAND BAYFRONT REPAIRS (2002 -2003) - AWARD OF C -3554 CONTRACT (C- 3544). 1) Approve the plans and specifications; 2) affirm Balboa Island the Categorical Exemption for the work; 3) award the contract (C -3554) to Bayfront Ranco Corporation for the total bid price of $165,440 and authorize the Repairs Mayor and the City Clerk to execute the contract; and 4) establish an (38) amount of $16,510 to cover the cost of unforeseen work and material testing. 7. Removed at the request of Council Member Webb. 8. PENINSULA POINT WATER MAIN REPLACEMENT (C -3462) - C -3462 COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize Peninsula Point the City Clerk to file a Notice of Completion; 3) authorize the City Clerk Water Main to release the Labor and Materials bond 35 days after the Notice of Replacement Completion has been recorded in accordance with applicable portions of (38) the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 9. ORANGE COUNTY TRANSPORTATION AUTHORITY C -3051 AMENDMENT NO. 6 TO COOPERATIVE AGREEMENT NO. C -95- OCTA 985. Approve Amendment No. 6 to Cooperative Agreement No. C -95 -985 Cooperative between the Orange County Transportation Authority (OCTA) and the Agreement City of Newport Beach and authorize the Mayor and the City Clerk to (38) execute the Amendment. Volume 56 - Page 79 City of Newport Beach City Council Minutes April 8, 2003 MISCELLANEOUS ACTION 10. ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT. 1) Accept Federal Emergency Management Agency's United States Fire Administration Assistance to Firefighters Grant for $18,375 in funding for the "Newport Beach Fire Safety Ladder" public education program; 2) approve a budget amendment (BA -061) appropriating the $18,375 grant funds and the needed 30% matching funds of $7,875 into Fire Department Public Education account 2354 -8200. 11. BUDGET AMENDMENT — DUI ENFORCEMENT TEAM/ CHECKPOINTS — FISCAL YEAR 2003 -2004 & 2004 -2005. Approve a budget amendment (BA -062) in the amount of $78,098 for the Police Department budget to fund additional drunk - driving (DUI) enforcement measures, as a result of a two -year grant awarded by the State of California Office of Traffic Safety. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LIBRARY SERVICES TO SENIORS (HOMEBOUND PROGRAM). Approve a budget amendment (BA -063) in the amount of $20,681. 13. CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM. 1) Approve acceptance of $27,010 from the State of California Law Enforcement Equipment Purchase (CLEEP) program; and 2) approve a budget amendment (BA -064) of $27,010 in funds to be transferred from CLEEP Grant Program Revenue Account number 1820 -4874, to the Police Department CLEEP Capital Equipment Account number 1820- 9017. 14. DEPARTMENT OF CONSERVATION GRANT FUNDING REQUEST. Authorize the General Services Director to submit a Funding Request Form to the Department of Conservation Recycling Division in the amount of $20,445. 15. STATEMENT OF MINIMUM GOALS — CABLE FRANCHISE NEGOTIATIONS. Adopt the Statement of Minimum Goals and direct the City's franchise negotiator, Mr. William Marticorena of Rutan and Tucker, to begin discussions with Adelphia and Cox based on the Statement. 16. CLIFF DRIVE PARK IMPROVEMENTS — APPROVAL OF PLAYGROUND EQUIPMENT PURCHASE. Approve the purchase of new and replacement playground equipment from Coast Recreation, Inc. for Cliff Drive Park for a total contract price of $37,694. 17. Removed at the request of Council Member Webb. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 4, 7 and 17). The motion carried by the following roll call vote: Volume 56 — Page 80 INDEX BA -061 Firefighters Grant (40/41) BA -062 DUI Enforcement Team /Checkpoints (40/70) BA -063 Library Service to Seniors/ Homebound Program (40/50) BA -064 California Law Enforcement Equipment Program (CLEEP) (40/70) Recycling Grant Request (44) Minimum Goals/ Cable Franchise Negotiations (42) Playground Equipment (62) City of Newport Beach City Council Minutes April 8, 2003 Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 25, 2003. Referencing Volume 56, Page 58, Jim Hildreth stated that the City Clerk has shown that she is willing to record his words a little bit better and hoped that this will continue. However, reading the last sentence of the top paragraph, he stated that this still has not been corrected in the minutes. Regarding Page 61, Mr. Hildreth believed that the way his statements are worded in the paragraph is not what he really said. He concurred that the design specifications were set by Mr. Collins, but the statements in the minutes are what he said in jest. Further, he indicated that the locations in The Grand Canal were acknowledged to be mooring locations. He believed that, if they are classified as piers, there needs to be a permit. He added that the documents he has received from the Revenue Department states that there is one location that is no longer there because there is no permit on record. He believed that there should be a permit somewhere in the City. He indicated that he sent a letter to Tony Melum, but he has yet to respond to his request for documents. He stated that he has only been able to receive billing records from the Revenue Department. City Manager Bludau noted that Mr. Hildreth is not speaking about the minutes. Mr. Hildreth referenced the third to the last sentence on Page 61, but believed he stated that the four mooring locations were acquired prior to 1976 when the City started collecting fees for those locations. He added that the City must have records of these locations in the canal. He concurred that he was disappointed the City cannot produce the documents, but believed he also mentioned Tony Melum in the conversation. Motion by Mayor Pro Tern Ridaeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 3. CODE AMENDMENT CA 2002 -007 — LANDMARK BUILDINGS (PA 2002 -218) — AMENDMENT TO TITLE 20 OF THE NBMC TO DESIGNATE CERTAIN TYPES OF BUILDINGS AS "LANDMARK BUILDINGS" AND MODIFY RESTRICTIONS ON THE USES IN LANDMARK BUILDINGS (contd. from 2/11/03 & 3/11/03). Volume 56 — Page 81 INDEX Ord 2003 -4 Code Amendment CA 2002 -007 Landmark Buildings (68) City of Newport Beach City Council Minutes April 8, 2003 Mayor Bromberg announced that Council Member Nichols lives within 500 feet of one of the properties and will have to speak as a member of the public from the podium. Richard Nichols stated that, when he ran for office, he said he would not take away a person's zoning without them having a chance to vote on it. He believed that this ordinance affects properties in areas that are highly congested in Corona del Mar, and will also affect their land values and livability. He stated that the ordinance is continuously changing, noting that it has been rewritten and we have not seen the same format and content two times in a row. John Loper, Vice President of Fritz Duda Company, stated that they manage the Via Lido shopping center with the Lido Theater. He indicated that, after two Planning Commission meetings and two Council meetings, they want Council to support the ordinance, including the changes that were discussed at the last meeting. In response to Council Member Heffernan's question, City Attorney Burnham confirmed that the ordinance does not sunset and is permanent from this point forward, unless repealed or amended. Council Member Adams pointed out that the entitlement for the use of the building does not expire and noted that the building owner can use it for a number of commercial purposes without any discretionary approval by the City for an indefinite period of time. Mayor Bromberg added that it can also turn into an office building that could hold 299 people and there would be no parking mitigation required. Council Member Heffernan emphasized that the ordinance focuses on continuing the theater use for up to 70% of the square footage. Motion by Mayor Pro Tern Ridgeway to adopt Ordinance No. 2003 -4 approving Code Amendment CA 2002 -007. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: Nichols Absent: None 4. AMENDMENT OF GENERAL PLAN UPDATE COMMITTEE (GPUC) RESOLUTION — CLARIFICATION OF ROLE AND RESPONSIBILITIES DURING GENERAL PLAN UPDATE PROCESS. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2003 -21 amending Resolution No. 2000 -102 to include clarifying provisions for the General Plan Update Committee's role in the update process. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Volume 56 — Page 82 INDEX Res 2003 -21 GPUC (24) City of Newport Beach City Council Minutes April 8, 2003 Noes: None Abstain: None Absent: None SEWER MAIN MASTER PLAN IMPROVEMENTS - LINING PROJECT (C -3465) - COMPLETION AND ACCEPTANCE. Council Member Webb reported that, with this contract, the City spent $354,000 to clean and repair about 8,000 linear feet of sewer lines to work towards a clean water program. He stated that the City needs to be observant of the conditions of the sewer lines so they do not overflow. He believed that the City should be patted on the back for doing things that a lot of other cities are not doing. Motion by Council Member Webb to 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 one (1) year after Council acceptance. 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. COUNCIL POLICY MANUAL UPDATE FOR 2003 AND PUBLIC MEETING TO CONSIDER CITY S STATEMENT OF INVESTMENT POLICY (POLICY F -1). Motion by Council Member Webb to approve the proposed revisions or additions to the Council Policy Manual: Revisions to F -1, F -3, F -20, I -1, I- 2, I -3, I -4, I -5, I -6, 1 -7, I -8, I -9, I -10, I -11, I -12, I -13, I -14, I -15, 1-16,1-17, 1- 18, I -19, I -20, I -21, I -22, I -23, I -24, I -25, I -26, I -27, I -28, L -16, L -20; addition of I -13; and continue F -2 to the April 22, 2003 Council meeting. Referencing Page 6 of F -2, Council Member Webb believed that staff needs to generate limits for Neighborhood Enhancement Reserves A and B so it is clear where the money is spent. He noted that Administrative Services Director Danner feels that this can come back at the next meeting with wording that clarifies this. Regarding the Ocean Front Restoration Reserve, he noted that the reference should actually be L -12, not L -8, and that L -12 mandates the City through the Coastal Commission requirements and LCP to spend the money for local access improvements to the beach. He believed that this wording should be included in F -2. The motion carried by the following roll call vote: Volume 56 - Page 83 INDEX C -3465 Sewer Main Master Plan Improvements/ Lining Project (38) Council Policy Manual Update (69) City of Newport Beach City Council Minutes April 8, 2003 INDEX Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Jim Hildreth stated that he sent a letter to Thomas (Tony) A. Melum which Council also received. He indicated that Mr. Melum is a part -time employee and is obligated to perform the duties that he was hired to do which is to present and release documents that he has requested. He believed that Mr. Melum's office should have documents since the City claims those locations are pier permitted locations and since Mr. Melum witnessed his supervisor, David Harschbarger, signing it. He indicated that the only documents he has received have been from the Revenue Department, but they do not have anything prior to 1994. Mr. Hildreth believed that the City Clerk's office is supposed to be allowed to accept documents for the City Attorney's office. He stated that the office was presented with a document on Monday and believed that they should make a guarantee that it gets to the City Attorney's office. Further, he believed that this request should be stated on documents that are presented for the City Attorney's office, and that there should be a stamp stating this. City Clerk Harkless reported that, when Mr. Hildreth delivered documents to her office, he was told that they would be delivered to the City Attorney's office, and they were. City Manager Bludau requested that the minutes reflect that he stated to the public and to Mr. Hildreth, that Mr. Hildreth has been provided all the documents that are in the City's possession regarding the questions he has raised. Further, the City has sent him numerous letters stating this. Dolores Otting expressed the opinion that Item 5 is wonderful and stated that she was surprised when she read in the Daily Pilot about how much alcohol was being sold from temporary buildings and tents. She believed that the resolution will help hinder the amount of alcohol consumed on the Fourth of July in West Newport. Linda Grant stated that she wants the City to honor what she agreed to and not try to find a way to work around the law. She indicated that she appreciates that Council Member Webb appreciates trees. She noted that Newport Beach is a tree city and should have a tree commission which includes an arborist. She stated that she expects them to honor the agreement. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). Council Member Adams stated that they did not meet this week, but will meet on April 14. He encouraged anyone interested in the General Plan Update to attend the meeting so they can get the latest information. Volume 56 — Page 84 City of Newport Beach City Council Minutes April 8, 2003 San Joaquin Hills Transportation Agency. Council Member Adams stated that the Agency is now publishing a meeting highlight sheet and reported that people can log onto www.thetollroad.com to get the latest information on the toll roads. He reported that, at the last meeting, the San Joaquin Hills Board and the Foothill Eastern Board approved the creation of a provisional board of directors to form a combined toll road agency to look into the viability of purchasing the two existing agencies and operating the toll roads as a single agency. He stated that this effort will begin this week when the provisional board meets for the first time. Local Coastal Program Certification Committee. Mayor Pro Tern Ridgeway stated that they met today to discuss the revised draft which excludes all of Newport Coast since they already have an approved LCP. He reported that a few modifications were made today and the direction now is to take the draft LCP to the Environmental Quality Affairs Committee (EQAC), Planning Commission, Coastal Commission, Economic Development Committee (EDC), and Harbor Commission for comments. He reported that copies are available on the City's website and at the library. Newport Coast Advisory Committee (NCAC). Council Member Heffernan stated that they met on April 2. He indicated that their primary item dealt with the amendment of the annexation agreement. He noted that one of the issues is about who can sign and be a party to the amended agreement. He explained that amending the agreement is important because the City has money that it is obligated to pay the Newport Coast residents. He also reported that the City has $7 million set aside for a 22,000 square foot community center. He noted that the Newport Coast residents have the right to veto the community center and have the money paid back to them in assessment debt relief. He indicated that they are trying to pinpoint a location for the community center and then they will conduct a community outreach. He also reported that the signal at Sage Hill School will be operational at the end of the month. He noted that they will now be meeting the first Wednesdays of each month, instead of the first Tuesdays of the month. Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reiterated that their next meeting is tomorrow. Redistricting Committee. Mayor Bromberg stated that the Committee is meeting tomorrow at 1:00 p.m. and hopes to bring Council all the scenarios they are considering to the April 22 meeting. He assured Corona del Mar residents that consideration of breaking up Old Corona del Mar's district is not one of the scenarios. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR APRIL 3, 2003. Planning Director Temple reported that Item 1 (McDonald's Corporation) was removed from the agenda because the proponent is redesigning the project. Ms. Temple reported that the use permit for Item 2 (Thai Del Mar) was approved which authorizes the use of seats and tables where it had not Volume 56 — Page 85 INDEX Planning Commission (68) City of Newport Beach City Council Minutes April 8, 2003 been authorized previously. Regarding Item 3 (Code Amendment — PA2003 -054), Ms. Temple stated that the Commission is recommending to Council that the use permit required for a granny unit be acted on at the staff level only if it complies with the current development standards in the code. She noted that any variation would require a Commission hearing. She reported that, since this is a code amendment, it will automatically come before Council. Regarding Item 4 (Castleton residence), Ms. Temple stated that the Commission heard an appeal to a Modifications Committee approval and decided to sustain the Committee's action. Regarding Item 5 (129 Agate Avenue — PA2002 -244), Ms. Temple stated that the proposal is to change the General Plan and zoning designations for the three lots from mixed commercial and residential to two - family residential which would allow for construction of either single - family dwellings or duplexes. She reported that a subdivision of the three lots was also approved to divide the lots into two to reduce the potential density. She noted that this also automatically comes before Council for final action. Regarding Item 6 (Ensign residence — PA2003 -006), Ms. Temple stated that the variance request was to exceed the 24 foot height limit. She noted that, although the project on the bluff side of the property exceeded the 24 foot height limit, the overall project still meets the height -of -curb height limit. She reported that the Commission voted to approve the proposal and noted that this is subject to call up by Council or an appeal by the public. In response to Council Member Heffernan's question, Ms. Temple confirmed that Item 6 is subject to approval by the Coastal Commission. She also confirmed that, if the City had the LCP, it would be approved completely in- house. She stated that the only distinction is that this property is in a location where the City's action on the Coastal Development Permit would be subject to appeal by the Coastal Commission because it is in one of the areas defined for continued appeal and is within 300 feet of a coastal bluff. Council Member Nichols requested that Items 2, 5, and 6 be called -up for a future Council meeting. Council Member Nichols believed that Council does not receive notification about Planning Director actions which are subject to call -up. Ms. Temple reported that Council receives a weekly memo that summarizes all Planning Department actions. Mayor Bromberg noted that each Council Member receives this report in his mail packet. N. PUBLIC HEARING 19. REVIEW OF THE FY 2003 -2004 COMMUNITY DEVELOPMENT BLOCK GRANT ONE -YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Volume 56 — Page 86 INDEX CDBG Action Plan (87) City of Newport Beach City Council Minutes April 8, 2003 W Associate Planner Trimble reviewed the recommendation and highlighted the organizations who may be receiving portions of the public service grants as outlined on page 3 of the staff report. He reported that the amount of funding is predetermined since the City is limited to using 15% of the City's total grant. He explained that the City issues a Notice of Funding Availability (NOFA), the organizations apply for the funding, the requests are reviewed and compared to specific criteria, and then funding amounts are recommended to Council. Mayor Pro Tem Ridgeway noted that Council will be voting on the grant recipients at the May 13 meeting. Mayor Bromberg opened the public hearing Heather Fitzgerald, Mercy House, thanked Council for considering their $5,400 grant for the food pantry program at Emmanuel House. Jim Hildreth believed that Item 18 was never opened for public comment nor officially received and filed. There being no further public testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tern Ridgeway to approve the recommendations for funding and schedule the revised Action Plan for City Council approval at the conclusion of the May 13, 2003 public hearing. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 20. PLANNING DEPARTMENT STAFFING LEVELS. Mayor Bromberg reported that this was discussed at the last study session and that the only modification is that the City Manager is recommending that both positions be staffed. Mayor Pro Tern Ridgeway noted that the positions are basically funded through fees. Motion by Mayor Pro Tern Ridgeway to approve a budget amendment (BA -065) adding two positions in the Planning Department. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Volume 56 — Page 87 INDEX BA -065 Planning Department Staffing Levels (40/66) City of Newport Beach City Council Minutes April 8, 2003 r.lt-�IUZW�Qrr$W P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:00 p.m. in memory of fallen Marine Jose Angel Garibay, Newport Harbor High School graduate; and Randy Smith, Orange County Fair Board Member. The agenda for the Regular Meeting was posted on April 2, 2003, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk i Recording Secretary Volume 56 - Page 88 INDEX