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HomeMy WebLinkAbout09/27/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 27, 1999 - 7:00 p.m. CLOSED SESSION - 6:20 p.m. CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:15 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil Absent: Noyes (excused) Pledge of Allegiance - Mayor O'Neil. Invocation by Reverend Cathleen Coots of the Newport Center United Methodist Church. • Presentation of $90,000 check from the Friends of the Newport Theatre Arts Center. Ms. Rae Cohen presented the check to the City on behalf of the Friends of the Newport Theatre Arts Center. She stated that the Friends of the Newport Theatre Arts Center have worked with the City for twenty years on a live theatre program. She stated that the check is for the City's help in expanding and improving the facility. Presentation of Certificates of Appreciation to outgoing Board/Commission Members — Paula Godfrey, 8 years, Civil Service Board; Phil Glasgow, 8 years, Parks, Beaches & Recreation Commission; and Bill Valentine, 2 years, City Arts Commission. Mayor O'Neil expressed the City's appreciation and presented the plaques to Ms. Godfrey, Mr. Glasgow and Mr. Valentine. Each spoke briefly about their service and acknowledged the recognition. 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 Ridgeway requested that the Balboa Parking Lot issue be agendized for the City Council meeting of October 25, 1999. • Mayor O'Neil announced that the Corona del Mar Business Improvement District, the Corona del Mar Residents Association and the Economic Development Committee have reviewed and requested that the City look at the possibility of acquiring ownership of Coast Highway from Seaward to MacArthur • Boulevard. He requested that the Public Works Director and the City Attorney review the procedures for acquiring ownership, including a report on the financial and legal aspects, as well as possible liability exposure. He asked that Volume 53 - Page 10 INDEX Presentation (33) • • City of Newport Beach City Council Minutes September 27, 1999 the report look at both acquisition of the entire right -of -way and just a curb -to- curb acquisition. Mayor O'Neil suggested that this item should be brought back to the City Council in January 2000. • Council Member Glover clarified information in a local newspaper recently about the Mission Viejo Mall and its effect on Newport Beach and South Coast Plaza. She stated that after contacting Revenue Manager Glen Everroad, she learned that the City receives $17 million per year in sales tax with $3.5 million of this coming from Fashion Island and $1.6 million from Mariners' Mile. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 13, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. ORDINANCE FOR INTRODUCTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. Item removed from the Consent Calendar by Council Member Adams. ORDINANCE FOR ADOPTION 4. ORDINANCE ADDING SECTION 12.66.090 TO THE NBMC TO PROVIDE FOR AN APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN THE HARBOR COVE DEVELOPMENT (TRACT NO'S. 15011, 15222 & 15243). Adopt Ordinance No. 99 -24. RESOLUTIONS FOR ADOPTION 5. CURB STREET NUMBER PAINTING. Adopt Resolution No. 99 -65 establishing guidelines for painting of street addresses on curb faces. 6. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY JOINT POWERS AGREEMENT AMENDMENT NO. 4. Adopt Resolution No. 99 -66 authorizing the Mayor and the City Clerk to execute Amendment No. 4 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency which adds the City of Laguna Woods as a party to the agreement. 7. TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM GRANT APPLICATIONS. Adopt Resolution No. 99 -67 approving the submittal of applications to the Orange County Transportation Authority • (OCTA) for the following projects: 1) MacArthur Boulevard Landscape Berm (Freeway Reservation Site) and 2) Jamboree Road/East Coast Highway Entry Landscaping (Bayview Landing Site). Volume 53 - Page 11 I1N O Ord 99 -24 /Tracts 15011, 15222 & 15243/ Harbor Cove Tract (Tract Maps) Res 99.65 /Curb Street # Painting (27) C -2548 Res 99 -66 San Joaquin Hills Transportation Corridor Agency Joint Powers Agreement (38) Res 99 -67 Transportation Enhancement Activity Program Grant Application (74) City of Newport Beach City Council Minutes September 27, 1999 INDEX • 8. ORANGE COUNTY TRANSPORTATION AUTHORITY REGIONAL Res 99 -68 SURFACE TRANSPORTATION PROGRAM. Adopt Resolution No. 99 -68 OC Transportation approving the submittal of applications to the Orange County Authority Regional Transportation Authority for Regional Surface Transportation Program Surface Transportation funding. Program (74) 9. Item removed from the Consent Calendar by Council Member Ridgeway. CONTRACTS AND AGREEMENTS 10. ARCHES INTERCHANGE STORM DRAINAGE IMPROVEMENTS - C -2886 AMENDMENT TO COOPERATIVE AGREEMENT WITH CALTRANS BA -015 (C- 2886). 1) Approve Amendment to Cooperative Agreement No. 12- 335 -A1 Arches Interchange with Caltrans increasing reimbursement to City by $26,447; 2) authorize the Storm Drainage Mayor and City Clerk to execute the Amendment on behalf of the City; and Improvements 3) approve a Budget Amendment (BA -015) increasing revenue to the (38/40) Contributions Fund by $26,447 and appropriating the same amount to Account No. 7251- C5100199. 11. 1999 -2000 SLURRY SEAL PROJECT - AWARD OF CONTRACT C -3299 (C- 3299). 1) Approve the plans and specifications; 2) award C -3299 to BA -014 Pavement Coatings Company for the total bid price of $323,425 and 1999 -2000 authorize the Mayor and the City Clerk to execute the contract; 3) establish Slurry Seal Project an amount of $32,000 to cover the cost of unforeseen work; 4) authorize a • (38/40) budget amendment (BA -014) to transfer $30,000 from Account No. 7013 - 05100019 (Street and Parking Lot Striping) to Account No. 7013- C5100462 (General Fund - Slurry Seal); and 5) authorize a budget amendment (BA -014) to transfer $75,425 from Account No. 7181- C5100302 (Gas Tax - Street Improvements) to Account No. 7181- C5100462 (Gas Tax - Slurry Seal). 12. SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE (C -3212) - C -3212 COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the C -2804 City Clerk to file a Notice of Completion; 3) authorize the City Clerk to Seismic Retrofit of release the bonds 35 days after the Notice of Completion has been recorded Balboa Island in accordance with the California Civil Code; and 4) approve Amendment Bridge No. 3 to the Professional Services Agreement with Dokken Engineering, and (38) authorize the Mayor and the City Clerk to execute the agreement. 13. 1999 BALBOA PIER REPAIRS - AWARD OF CONTRACT (C- 3236). C -3236 1) Approve the plans and specifications; 2) award C -3236 to John S. Meek BA -008 Company, Inc. for the total bid price of $268,630 and authorize the Mayor 1999 Balboa and the City Clerk to execute the contract; 3) establish an amount of $26,000 Pier Repairs to cover the cost of unforeseen work; 4) approve a budget amendment (38/40) (BA -008) to transfer $20,000 from the Beach Replenishment Program (7231 - 05100282) to the Balboa Pier Repairs Account (7231- C5100153); and 5) approve a budget amendment (BA -008) appropriating $106,130 from the • General Fund to the Balboa Pier Repairs Program. 14. PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT C -3306 Volume 53 - Page 12 I • City of Newport Beach City Council Minutes September 27, 1999 CENTER ENVIRONMENTAL IMPACT REPORT. Approve agreement with Michael Brandman Associates for preparation of an environmental impact report. 15. COST SHARING AGREEMENT WITH NEWPORT CENTER PROPERTY OWNERS. Approve in concept an agreement (as amended in the Supplemental Staff Report) providing for sharing of planning and EIR costs among property owners who have initiated General Plan amendment requests; and authorize City Manager to execute. 16. AMENDMENT TO INSURANCE REQUIREMENTS OF BALBOA THEATER LEASE (C- 3248). Approve amendment reducing comprehensive general liability insurance to $2,000,000. 17. MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH POLICE EMPLOYEES ASSOCIATION (PEA). Approve MOU. 18. GREEN ACRES PROJECT, RECLAIMED WATER BIG CANYON /NEWPORT BEACH COUNTRY CLUB PUMP STATIONS (C -3186) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; and 3) authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 19. GREEN ACRES PROJECT LOAN AGREEMENT WITH THE BLUFFS HOMEOWNERS ASSOCIATION. 1) Approve a $145,000 Loan Agreement with the Bluffs Homeowners Association to be used for irrigation retrofit improvements related to the Green Acres Project and authorize the City Manager to execute the agreement; and 2) approve a Budget Amendment (BA -013) appropriating $145,000 from the Water Fund Reserves to fund the loan to the Bluffs Homeowners Association. MISCELLANEOUS ACTIONS 20. PLANNING COMMISSION AGENDA FOR SEPTEMBER 23, 1999 [Meeting Cancelled]. Receive and file. 21. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Pro Tem Thomson's appointment of Tony Bartolic as a District 7 member to the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 22. PROPOSED REVISIONS TO COUNCIL POLICY A -2, BOARD AND COMMISSION APPOINTMENTS. Approve the proposed revisions to provide an exception to the provision restricting members from serving on more than one Board, Commission or Committee. 23. PROPOSAL FOR USE OF ADDITIONAL STATE FUNDS AND APPROVAL OF BUDGET AMENDMENT (BA -016) IN THE AMOUNT • OF $39,356. Approve the new position of young Adult/Reference Librarian, to be funded by an unanticipated grant to the library from the Public Library Foundation Program of the State of California in the amount of $39,356. Volume 53 - Page 13 INDEX Newport Center Environmental Impact Report (38) C -3307 Cost Sharing with Newport Center Property Owners (38) C -3248 Balboa Theater Lease (38) C- 2056 /Police Employees Association MOU (38) C -3186 Green Acres Project, Reclaimed Water Big Canyon/Newport Beach Country Club Pump Stations (38) C -3308 BA -013 Green Acres Project Loan Agreement/ Bluffs Homeowners Association (38/40) Planning (68) EQAC (24) Council Policy A -21 Board & Commission Appointments (69) BA -016 Adult/Reference Librarian (40/50) E City of Newport Beach City Council Minutes September 27, 1999 24. SCHOOL RESOURCE OFFICER PROGRAM. 1) Approve the attached Memorandum of Understanding (MOM between the City of Newport Beach and the Newport Mesa Unified School District relative to the implementation and operation of a School Resource Officer Program, as amended to change the requirement for payment of supplemental services in Funding, District Payments (5e) from fifteen days to thirty days; 2) authorize the Administrative Services Director to prepare the necessary budget amendment to reflect the additional revenue from the School District and the allocation of required funds to the Police Department budget to operate the program, depending on the actual date of implementation; and 3) authorize the purchase of one (1) fully equipped patrol vehicle and the acquisition of a second electric vehicle to facilitate the program implementation. 25. REQUEST FOR PROPOSALS (RFP) — TIDELANDS APPRAISAL. Direct staff to issue Request for Proposals. 26. BUDGET AMENDMENT (BA -009) TO INCREASE APPROPRIATIONS AND REVENUES BY $62,536.31 AS A RESULT OF A CHECK RECEIVED FROM THE FRIENDS OF THE NEWPORT THEATRE ARTS CENTER IN THE AMOUNT OF $90,000 ($27,463.60 WAS RECOGNIZED AS REVENUE IN THE PRIOR YEAR). Approve BA -009. • 27. BUDGET AMENDMENT (BA -010) TO INCREASE APPROPRIATIONS AND REVENUES BY $3,975 RECEIVED FROM A GRANT FROM THE STATE OF CALIFORNIA TO BE USED FOR PROFESSIONAL SERVICES. Approve BA -010. 28. BUDGET AMENDMENT (BA -011) TO INCREASE APPROPRIATIONS AND REVENUES BY $2,000 FROM FUNDS DONATED BY THE OKAZAKI SOUTH ROTARY CLUB TO BE USED FOR LIBRARY MATERIALS. Approve BA -011. 29. BUDGET AMENDMENT (BA -012) TO INCREASE APPROPRIATIONS AND REVENUES FROM A $10,000 LIBRARY SERVICES AND TECHNOLOGY SERVICES (LSTA) GRANT FROM THE CALIFORNIA STATE LIBRARY FOR YOUNG ADULT MATERIALS AT THE CENTRAL LIBRARY. Approve BA -012. Motion by Mayor Pro Tom Thomson to approve the Consent Calendar, except for those items removed (3 and 9), and noting the amendments to Item No's. 15 and 24. The motion carried by the following roll call vote: Ayes: Adams, Glover, Noes: None Abstain: None • Absent: Noyes Thomson, Debay, Ridgeway, Mayor O'Neil Volume 53 - Page 14 INDEX C -3309 School Resource Officer Program/ Newport -Mesa Unified School District (38) C- 3310 /Tidelands Appraisal (38) BA -009 Library Donation (40/50) BA -010 Library Grant (40/50) BA -011 Library Donation (40/50) BA -012 Library Grant (40150) City of Newport Beach City Council Minutes September 27, 1999 • ITEMS REMOVED FROM THE CONSENT CALENDAR 9. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS. (Taken out of order.) Council Member Ridgeway stated that the parking management plan for the peninsula and the Balboa Pier parking lot items will be heard by the City Council before November. He stated that it would be more appropriate to discuss the fees for the Balboa parking lot at the same time. Motion by Council Member Rideeway to continue the item until the Peninsula Parking Management Plan and the Balboa Pier Parking Lot items are before the City Council (10 /25/99). The motion carried by the following roll call vote Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes 3. SANTIAGO DRIVE SPEED LIMIT (contd. from 9/13/99). Transportation/Development Services Manager Rich Edmonston stated that • the item was continued from the previous City Council meeting to provide staff the time to meet with the residents in the area. He stated that the meeting included residents from Santiago Drive, Windward Lane, Francisco Drive and Holiday Road, and that as a result of the input received at the meeting, the recommendations by staff were revised. He stated that the key changes included a specific program showing what the enforcement would look like over the six-month trial period, a provision for before and after studies of speed and volume on the streets, and a component for developing a City -wide neighborhood traffic control plan. He stated that the plan would include various items, or a menu, which could be looked at by the City Council when considering traffic control measures on various streets in the City. For the members of the public in attendance at the meeting, Council Member Debay announced that extra staff reports on the issue were available in the Chambers Lobby. Per Council Member Debay's request, Mr. Edmonston provided information on the process that has taken place to date. He stated that in October of 1997, the Public Works Committee discussed the downgrading of just a portion of Santiago Drive, but had to work with the Orange County Transportation Authority (OCTA) to change some of the rules that did not allow this at the time. He stated that the City was successful in getting two key revisions made to their process, which included approval to change the designation of an arterial street at a logical point rather than just the whole • street. Council Member Debay confirmed with Mr. Edmonston that if the Volume 53 - Page 15 INDEX Balboa Pier & CdM Parking Lot Fees (40/85) Ord 99 -25 Santiago Drive Speed Limit (85) City of Newport Beach City Council Minutes September 27, 1999 • downgrading of Santiago Drive had not been accomplished, nothing could have been done to calm the traffic on the street, except for enforcement. Mr. Edmonston added that the second revision that the City was successful in working on with the OCTA was the approval to allow traffic calming on a collector arterial street, as long as the calming does not reduce the capacity of the street below what the demand is. Thelma Krone, 2237 Donnie Road, stated that she wants the 25 -mph speed limit maintained on Santiago Drive between Irvine Avenue and Tustin Avenue. She stated that it is a short distance between the two streets and that there is no reason to increase the speed. She added that the traffic has increased in the area and that children use the street to get to school. Ms. Krone stated that the use of a police officer in the area to monitor the traffic is an inefficient use of personnel. She stated that, instead, the current speed limit should be maintained and traffic bumps should be installed. Jane Farwell, 2426 Santiago Drive, stated her support for the downgrading of Santiago Drive. She added that she has lived on Santiago Drive for 34 years and has seen more development than people probably imagined could take place in the area. She stated that she and her neighbors are not objecting to the number of cars on the street, they are only objecting to the speed at which they are driven. She stated that the streets are zoned residential, and are also pedestrian and bicycle byways. She stated that there is not enough police manpower to control the traffic continuously. She • requested that if the traffic enforcement plan being recommended does not work, that the City promise to implement a satisfactory and permanent solution to reduce speeds on Santiago Drive. Bryan Bond, 2431 Santiago Drive, stated that a meeting was held on September 20, 1999, with the residents but that the plan presented to the City Council by City staff did not include the input of the residents nor any other traffic calming ideas. He said that the Newport Highlands Homeowners Committee, which was formed in 1997, met again on September 26, 1999, to discuss ideas to control traffic on their streets. He referred to a fax sent earlier in the day and requested that the City include other traffic calming options in its plan. Mr. Bond stated that he met with Glen Campbell of the OCTA and Mr. Campbell said that other options could work if done properly. In responding to Council Member Glover's question, Mr. Bond stated that he had not seen the staff report. She asked that he read it and come back to the podium later in the evening to cover some key points. Council Member Debay suggested that he specifically read Page 3 of the report. City Manager Bludau stated that nothing had changed in the staff recommendations from what was presented to the residents at the meeting of September 20, 1999. Chris Schwartz, 2401 Santiago Drive, stated that he has two children and wants the street to be safe. He stated that he attended the September 20, • 1999, meeting and feels that the 30 mph speed limit is being forced upon the residents, despite their objections. He feels that once the temporary period of intense enforcement is over, the speeds will go back up. He added that Volume 53 - Page 16 TI-O N City of Newport Beach City Council Minutes September 27, 1999 • staff has said they will consider other options if the studies show that the speeds did not go down during the test period. He stated that the only option that the residents support is speed bumps and that is what they are asking for. He stated that the other options are too expensive. Mr. Schwartz requested that if the 30 -mph speed limit is approved and does not work, the City will automatically guarantee that speed bumps will be installed. Mr. Schwartz then presented a survey conducted with the residents on 16th Street, a 25 -mph street with speed bumps. He stated that the residents overwhelmingly responded that the speed bumps have slowed the traffic and created a safer environment. Council Member Glover asked Mr. Schwartz why he doesn't want a traffic circle. He stated that the street is not wide enough to accommodate a traffic circle and still maintain a safe clearance around it for pedestrians. He added that there are no sidewalks on the street. Council Member Glover stated that many in the City do support traffic circles. Julie Ryan, 1748 Bayport Way, stated that she was representing Holiday Road and the associated cul -de -sacs. She stated that the residents on the four streets involved have worked together as a unit for several years. She stated that they came up with a good, workable plan and presented it to the Public Works Committee some time ago. Ms. Ryan stated that they are willing to go along with the concession made by the residents on Santiago and give the increased enforcement a chance, but that they want a • commitment from the City that an alternate plan will be implemented if it is proven that the increased enforcement did not work. Council Member Glover stated that if the City Council changes the speed or impediments on a street and it disturbs the other streets, the change cannot be made. She stated that she is convinced that Santiago Drive has a problem, but that a study must be done first to determine if the changes can be made without impacting other streets. Gary Cohen, 2406 Francisco Drive, stated that the changes proposed for Santiago Drive will directly impact Francisco Drive. He stated that Francisco Drive is the last street before the light on Santiago that has a pocket turn to head towards Irvine Avenue from Tustin Avenue, and he feels that drivers will use this alternate access. He suggested that the monitoring program include a study of what happens on all four streets during the Santiago Drive test period. He suggested that if it is found that any of the streets have increases, some sort of speed control system should then be implemented for that street. He stated that Francisco Drive could accommodate a traffic circle. Rob Boullon, 2312 Francisco Drive, began by stating his support for having Santiago Drive downgraded. He stated that the residents of the four streets involved have been working together as a committee for a couple years. He read from a resolution, dated October 21, 1997, that was written by the committee and included four recommendations. He stated that the • committee spent time with the City to develop the recommendations and that speed bumps on Santiago Drive were included on the list. Mr. Boullon stated that it is important to implement all four recommendations together, Volume 53 - Page 17 INDEX City of Newport Beach City Council Minutes September 27, 1999 • and should be possible with the recent downgrading of Santiago Drive. Al Bartolic, 2312 Windward Lane, stated that the residents on Windward Lane support the recommendations of the residents on Santiago Drive. Sara Rollins, 386 E. 22nd Street, stated that the changes on Santiago Drive will effect 22nd Street. She stated that it makes no sense to increase the speed to 30 mph for only a portion of Santiago Drive. She stated her support for speed bumps and feels that they are the only way to keep the speed down. She stated that all of the residents in the area are concerned about the speed on Santiago Drive, and she does not understand why the recommendations of the residents can't be implemented. Council Member Ridgeway asked Mr. Boullon if the resolution that he referred to earlier had been signed. Mr. Boullon responded that it had not been signed. Steve Berger, 2001 Centella Place, stated that the residents in the area have been trying to solve the problem for over three years. He stated that the average speed on Santiago Drive is 39 mph and, recently, a ticket was issued for a driver going 64 mph. He stated that he does not believe that tickets are being written for reckless driving, failures to stop, failures to yield or 3 -ton trucks. He related a story of driving speeds on Irvine Avenue and feels that if it is not being patrolled adequately, how can Santiago Drive. He stated • that he understood from the Police Department that they would ticket speeders going 37 mph in a 30 -mph zone, but he later found out that no specific speed for issuing tickets would be guaranteed. Mr. Berger feels that this is inappropriate. He also expressed his concern regarding the plan due to the recent lack of enforcement, the inaccurate studies being done on the average speed and an unreasonable list of suggestions. He sees no concurrence between the Police Department and the City. He stated that he feels that the only way that the problem can be solved is with the use of speed bumps. Council Member Glover stated that in the State of California, speed limits are determined on streets based on at what speed a greater percentage of the drivers are actually driving on that street. She added that the police cannot issue a ticket unless the street is posted for 30 mph or greater. Robert Walker, 2001 Irvine Avenue, stated that he has lived in the area for 43 years. He stated that no matter what speed limit is posted, the drivers will always go faster. He added that no pedestrian access on Santiago Drive has been provided for those that want to get to the new bay trail. He stated that Santiago Drive is being used more by both vehicles and pedestrians due to development in the area. He said that he does not think that the residents are concerned about more cars, they just want the speeds reduced. Council Member Adams stated that the reason that the City is planning to increase the speed limit on Santiago Drive from 25 mph to 30 mph is that it • allows the Police Department to legally use radar to enforce speed violations. Additionally, State Law requires that a street, as determined by an engineering study, be posted relatively close to the average speed of 85% of Volume 53 - Page 18 INDEX • City of Newport Beach City Council Minutes September 27, 1999 INDEX the drivers when they are not affected by the movement of any other cars. Council Member Adams stated that the average speed on Santiago Drive was 39 mph a few years ago, and with some minor changes to the street, has been reduced to 36 mph. He stated that this is a relatively significant decrease. Council Member Adams stated, however, that he does feel that there is a speeding problem on Santiago Drive. He stated that recent monitoring by the Police Department has shown that there are a significant number of vehicles flagrantly violating the 25 -mph speed limit. He added that there is nothing that can be done about it until the Police Department can use radar. He stated that he feels that for safety reasons, the excessive speeders must be cited. He stated that the Police Department concurs with this recommendation. Council Member Adams stated that many of the streets in the City are not posted, but have a speed limit of 25 mph by State Law. He stated that, unfortunately, Santiago Drive is not a residential street. It was a secondary arterial before being recently downgraded to a collector arterial. Council Member Adams stated that it makes Santiago Drive part of the backbone of the City's street system and that although speed bumps have been recommended, he feels that they are wholly inappropriate on any street other than a residentially classified street. He pointed out that he is not opposed to speed bumps in general, and feels that they do have their place • and can be effective, but that collector streets serve more than the people that live on that street and are not appropriate for speed bumps. He stated that data in the transportation literature supports this. Motion by Council Member Adams to introduce Ordinance No. 99 -25 amending Chapter 12.24 (Special Speed Zones) of the NBMC to establish a speed limit of 30 mph on Santiago Drive between Irvine Avenue and Tustin Avenue; 2) direct staff to proceed with the Santiago Drive Implementation Plan; and 3) direct staff to expand the study analyzing the effectiveness of focused enforcement on Santiago Drive to include what effect the enforcement on Santiago Drive will have on the rest of the City; a clear understanding of the nature of the problems on Windward Lane, Francisco Drive and Holiday Road; consideration for applying the efforts on Santiago Drive to other similar streets in the City; a comprehensive program that can be used throughout the City; articulate documentation on the methodology used during the data collection process; how pedestrians and bicyclists will be accommodated on Santiago Drive; a determination as to why people often run the stop sign at the intersection to the west; and a careful analysis of the various options that can be utilized to calm traffic (speed bumps, chokers, etc.), how each would be implemented and the impact of each on bicyclists and pedestrians. Council Member Adams added that the residents are concerned that nothing will be done after the increased period of enforcement is over. He stated that he will do what he can to make sure this does not happen. He added that • the police will continue to patrol all of the streets in the City. Council Member Adams stated his disagreement with the suggestion for the City to make a promise to do a specific alternative if it is found that the increased Volume 53 - Page 19 City of Newport Beach City Council Minutes September 27, 1999 • enforcement did not work. He said that the results of the study he is suggesting should be looked at first. He added that posting the speed limit at 30 mph is as low as the City can go and still meet State requirements. He wants the alternative solutions to be looked at during the trial period, so that more immediate action can be taken, if appropriate. He stated his concern for setting precedence and he urged great care when performing the study and forming conclusions. He said the backbone arterial collector system should be preserved, and the residents need to realize that this street must carry east -west traffic. Council Member Ridgeway requested that Public Works staff explain the reason why speed bumps are improper. He stated that he is in support of an incremental approach, and knows from his experience on the peninsula that the speed does increase when the police are not present. He also requested that Police Department staff talk about the issue of enforcement. He agreed with previous speakers that the City has changed, and he has seen the problems on Santiago Drive and in the area. He stated that Santiago Drive was designated as a secondary arterial before the 55 Freeway was extended. He said that behavioral modification has to be done to get drivers to use the streets that can accommodate the heavier traffic. He also disagreed with making any promise as to what will be done if the test period does not work, but understands the residents' concerns and assured them that something will be done. He feels that the issue is speed not volume. • Mr. Edmonston stated that there are not enough streets in the City with speed bumps for him to know what effect they have on the volume on streets, such as Santiago Drive. He stated that he has been in touch with the City of Costa Mesa and is hoping to obtain some information from them. He said that people tend not to like speed bumps and may utilize another street for that reason. Mayor O'Neil asked about the recommendation mentioned earlier in the evening about a committee working with the City and recommending speed bumps. Mr. Edmonston stated that it was the outcome of a committee of the four streets. Council Member Adams pointed out that national transportation literature states that traffic volume is reduced by an average of 18% on streets with speed bumps. Council Member Ridgeway asked what alternative streets the drivers would use if speed bumps were placed on Santiago Drive. Mr. Edmonston stated that it is a combination of traffic, many are using Santiago to connect with north -south streets, others are traveling east -west. Council Member Glover stated that, after their studies, Costa Mesa came to the conclusion that people should be encouraged to use the commercial streets and not the residential streets. She felt that the same thing should be encouraged in Newport Beach. She said the residential streets need to be • maintained as streets that people can live on and where children can be raised. Volume 53 - Page 20 INDEX • \_ J • City of Newport Beach City Council Minutes September 27, 1999 Council Member Adams stated that it sounds good to route traffic through commercial streets, but people still need streets to get from the commercial streets to their homes. He stated that the established hierarchy of the street system is heavily relied upon. Police Chief McDonell responded to Council Member Ridgeway's question about continued enforcement at the end of the trial period, by stating that there will be a conditioning period and the Police Department would like the opportunity to attempt enforcement on Santiago Drive. He stated that the streets in the City that have high traffic volume will have activity by the Police, and studies help the police to determine when certain streets have problems with speeders. He stated that a speed trailer on Santiago Drive recorded 11,300 cars in a 58 -hour period. Police Chief McDonell continued by responding to some of the comments made earlier in the evening by Mr. Berger. Police Chief McDonell stated that he has not been asked for information on the number of citations issued on Santiago Drive for violations other than speeding, but he would be certain that such citations have been written. Additionally, Police Chief McDonell stated that he was at the same meeting as Mr. Berger on Monday and no specific speed was given for when police officers would begin issuing citations. He said it is at the judgement of the police officer at the site. Lastly, Police Chief McDonell said that there is full concurrence between the City and the Police Department. The Police Department all along has asked for a realistic speed survey. Council Member Ridgeway asked about the available manpower. Police Chief McDonell responded that manpower could be a problem, but for some, there is never enough enforcement and he won't know about the specifics on Santiago Drive until they're given a chance. Council Member Ridgeway stated his feeling that people use Santiago Drive to access Coast Highway via Dover Drive. Police Chief McDonell stated that demographic information will be available through the ticket citations. Mayor Pro Tem Thomson stated that the residents in the Santiago Drive area have gotten together and worked for over two years to solve a problem in their neighborhood. He stated that they want to know that if the speed enforcement trial does not work, that another alternative will be sought and something will be done to slow the traffic on their street. Mayor Pro Tem Thomson stated his opinion that some assurances should be given to the residents. Council Member Ridgeway stated his support for Council Member Adams' motion and the incremental approach to the problem, with any decisions being made after the test period and the results of the studies are available. Council Member Ridgeway asked that the residents be patient and he would certainly consider speed bumps at a later date, if appropriate. Council Member Glover asked about the commercial traffic on Santiago Drive and her request that traffic calming issues be looked at in conjunction with the traffic phasing ordinance (TPO). She stated her understanding that Volume 53 - Page 21 INDEX • • • City of Newport Beach City Council Minutes September 27, 1999 traffic would be directed out of the neighborhoods. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: Thomson Abstain: None Absent: Noyes PUBLIC COMMENTS Jack Sedler, 260 Cagney Lane, #119, apologized to the Mayor and the City Council for his behavior at the previous City Council meeting. He stated that he thinks there are people who would be willing to put up money to keep the Cannery and Snug Harbor open. He stated that both are assets to the City and should not be closed. He further stated that he had talked to Bill Campbell and Mr. Campbell is willing to let someone else take control. Allan Beek, 2007 Highland, stated that the decision has been made on the traffic phasing ordinance (TPO), but he said that it still needs to be decided if the City dislikes congestion more or the infrastructure it takes to avoid the congestion. He said that the amended TPO gave the City the power to collect money ahead of time for intersections before they get congested. He stated, however, that the City must have a plan regarding what improvements will be made to the infrastructure, how much building will be allowed, how will streets be designed and how much new traffic will be generated. PUBLIC HEARINGS 30. GENERAL PLAN AMENDMENT 99 -2(E) - REQUEST TO EXPAND THE SECOND FLOOR OFFICE AREA IN AN EXISTING BUILDING BY APPROXIMATELY 882 SQUARE FEET AND A REQUEST TO RELOCATE A SMALL SPORTS MEMORABILIA MUSEUM, KNOWN AS THE NEWPORT SPORTS COLLECTION FOUNDATION, INTO THE BOTTOM FLOOR OF THE BUILDING — REQUIRES THE APPROVAL OF A GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL DEVELOPMENT SINCE THERE IS NO ADDITIONAL FLOOR AREA ALLOCATED IN THIS PART OF NEWPORT CENTER AND THE APPROVAL OF A USE PERMIT TO PERMIT A SPORTS MEMORABILIA MUSEUM AS AN ACCESSORY USE TO THE PRINCIPAL OFFICE USE (100 NEWPORT CENTER DRIVE). Planning Director Patty Temple stated that the Planning Commission recommended approval of both the general plan amendment and the use permit. She added that a general plan amendment was required because of the lack of available development allocation in that part of Newport Center. The Planning Commission identified one major issue, which was the maintenance of some existing trees in the vicinity of the project. As a result of this concern, they added a condition of approval to the use permit that addressed the maintenance of the existing trees and their replacement, if they needed to be removed. Volume 53 - Page 22 INDEX Res 99 -69 GPA 99 -2(E)/ Directors Use Permit 40/ 100 Newport Center Dr. (45) City of Newport Beach City Council Minutes September 27, 1999 • Council Member Adams asked for a clarification as to why the trees were tied to the application. Ms. Temple stated that the trees are along Newport Center Drive and have been on the property since the initial development. She stated that the Planning Commission is embarking on a program that may consider some design criterion consistent with the original design concepts of Newport Center, and felt that existing landscaping should be maintained until the decisions on the program are made. Council Member Adams asked if the applicant was proposing to remove trees. Ms. Temple responded by saying that the applicant indicated to the Planning Commission that one or more trees may be diseased or in an unsafe condition, and that he may not want to replace the trees with the same species. Council Member Adams asked if The Irvine Company had any control over the landscape palate. Ms. Temple stated that the property may be one of the few in Newport Center that does not have ongoing review by The Irvine Company. Council Member Glover stated that this will be a problem throughout Newport Center until the design framework is completed because The Irvine Company sold some parcels of land in the 1980'x. She stated that she would prefer that The Irvine Company had stronger Special Land Use Restrictions • (SLURS). Ms. Temple confirmed for Council Member Glover that the applicant would not be able to remove the trees if the City Council upheld the decision of the Planning Commission. And, that the general plan amendment was being processed in the normal fashion. Council Member Ridgeway confirmed that there is one set of ficus trees in a boulevard landscape area and another set adjacent to the building. Ms. Temple confirmed that the applicant only has the ability to deal with trees on his own property. Council Member Ridgeway stated that he was surprised that the Planning Commission took action on trees on private property. Mayor O'Neil opened the public hearing. John Hamilton, the applicant, stated that the trees are on his property, were planted improperly and were determined by an arborist to be diseased and possibly unsafe due to the roots aboveground. He said it is not his intention to remove the trees and not replant something in their place. He stated that it would be a physical impossibility to replace the trees with the same species and size as being removed, and as recommended by the Planning Commission. He confirmed for Mayor O'Neil that he is in agreement with the rest of the recommendations. There being no further testimony, Mayor O'Neil closed the public hearing. • Motion by Council Member Ridgeway to adopt Resolution No. 99 -69 for GPA 99 -2(E); and approve Directors Use Permit No. 40 with the deletion of Condition No. 4, recommended by the Planning Commission, and allow the Volume 53 - Page 23 II�i1)�►:1 City of Newport Beach City Council Minutes September 27, 1999 • applicant to remove the trees on his private property and replace them with a species of his choice (if so desired). Council Member Glover stated that she would not be supporting the motion because she does not want to see hodgepodge occur in the Newport Center area. She feels that the design framework should be developed before any existing landscaping is changed. Council Member Adams stated his concern about the row of trees along the street and is glad they are not being disturbed. He asked for a clarification of the motion and if the applicant would be required to replace the trees with landscaping of some kind. Council Member Ridgeway stated that the motion allows the applicant the freedom to replace the trees with whatever he wants. Council Member Adams asked if the applicant would consider a condition that would require a one -for -one replacement. Mayor O'Neil stated that he understood the motion to allow the applicant to replace the trees, only if he desired. Council Member Adams stated that there shouldn't be any harm in including the applicant's intention as a condition. • Mayor Pro Tem Thomson stated that he feels that private property rights should be observed. He stated that he feels the applicant will do what's best for the City. The motion carried by the following roll call vote: Ayes: Adams, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: Glover Abstain: None Absent: Noyes RECESSED AND RECONVENED AT 9:25 P.M. WITH ALL MEMBERS PRESENT EXCEPT COUNCIL MEMBER NOYES AND MAYOR PRO TEM THOMSON. CURRENT BUSINESS 32. REQUEST FOR FUNDING FROM ORANGE COUNTY AIRPORT ALLIANCE IN THE AMOUNT OF $238,234. (Taken out of order.) Tom Wall, Executive Director, Orange County Airport Alliance, stated that the planning process for the reuse of El Toro started in the Fall of 1993 with the announcement of the base closure. In December of 1996, the Orange County Board of Supervisors, acting as the local reuse authority, chose the • airport as the preferred alternative. He stated that, since that time, the Alliance has been working on the completion of the second Environmental Impact Report (EIR). He stated that the EIR will be due for public comment Volume 53 - Page 24 INDEX Orange County Airport Alliance Funding Request (54) City of Newport Beach City Council Minutes September 27, 1999 INDEX • in November of this year, the plan goes before the Board of Supervisors in May of 2000, the Secretary of the Navy would then issue a record of decision next summer and an environmental impact statement would be prepared. He stated that interim cargo operations are expected to begin by January 1, 2001 and a passenger terminal should open by the year 2005. He stated that the Alliance has been working on the process for seven years and plans to see it through. Mr. Wall stated that earlier in the evening, he attended the quarterly meeting of the El Toro Reuse Planning Authority ( ETRPA). ETRPA is made up of, and funded by, seven South County cities. He stated that $1.8 million was budgeted in 1998 for a public information and education program for the Millennium Plan. He stated that at tonight's meeting, they approved $3.95 million to be spent in 1999/2000 for advertising, direct mail, consulting support, collateral materials, special events and administration, community outreach and program management. Mr. Wall stated that this upcoming year will be an important year for the planning process because it's the culmination of the formal part of the process. ETRPA and the other organizations that are opposed to the airport are spending a great deal of money. He stated that they are preparing a revised Millennium Plan to show that it is not as offensive in terms of traffic and pollution that opponents think it will be. • Mr. Wall concluded by stating that the Orange County Airport Alliance is a public information program. He said that tonight's request for additional funding of $238,234 will continue the efforts for the next six months. He said the money will be spent to provide public information, a cable TV show, and information to support the County planning process. Council Member Ridgeway asked why the budget request is for six months and the executive director salary request is for only three months. Mr. Wall explained that three of the next six months of the executive director's salary have already been funded, and this request will align the salary with the budget. Mayor O'Neil stated that it is important to note that the Alliance also receives money from other sources, although Newport Beach is the primary source of funding. Mr. Wall added that the Alliance is increasing its efforts to contact other agencies and ask for their support. He stated when most people are provided with the information, they realize the benefits of the airport and realize it is appropriate to support the Alliance. Council Member Debay asked about the support received from the County. Mr. Wall stated that a budget request has been submitted to the County in the amount of $180,000 to produce a series of five studies dealing with specific issues surrounding the airport. Council Member Debay stated her support for having other agencies provide support. • Motion by Council Member Glover to approve the request. Mayor O'Neil stated that he attends the Alliance board meetings and is Volume 53 - Page 25 • • City of Newport Beach City Council Minutes September 27, 1999 satisfied that the Alliance is organized, spending the funds efficiently and that the City is getting its money's worth The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson 33. FUNDING REQUEST FROM CITIZENS FOR JOBS & THE ECONOMY (CJ &E) FOR $150,000 TO UTILIZE FOR EL TORO LOBBYING EFFORTS. (Taken out of order.) City Manager Bludau stated that the funding request would primarily fund lobbying efforts in Washington D.C. He added that if the request is approved, the City Council would also need to approve a budget amendment to add $85,000 to the airport account. Council Member Glover stated that she sits on the CJ &E board and said that the funding request is overdue. Motion by Council Member Ridgeway to approve the request, and a budget amendment in the amount of $85,000. Mayor O'Neil stated that it is important that the various organizations that the City supports report regularly with where the money has been spent. He stated that Council Member Glover attends the meetings of CJ &E, he attends Alliance meetings and Council Member Adams attends the meetings of the Airport Working Group (AWG). Mayor O'Neil stated that he wants the public to understand why the organizations are being funded. Bruce Nestande, representing Citizens for Jobs & the Economy, added that he is available to discuss details of the organization with the council members at any time. He stated that CJ &E was the principle sponsor of Measure A, and was also very involved with the defeat of Measure S which would have repealed Measure A. He said that CJ &E is also monitoring and keeping informed on what the County is doing, and assisting them in maintaining a schedule. Mr. Nestande stated that it is also important to keep up the efforts in Sacramento and Washington D.C., and that the request before the City Council at the current meeting is to provide for Washington D.C. lobbyists. He said that the lobbyists will have close contact with the administration and Congress. He said that the representation in Washington D.C. will assure that the airport efforts are proactive in developing an airport that is compatible with the community. He pointed to noise restrictions and preferential runway treatments as examples of items where Federal assistance is needed. Mayor O'Neil stated that the efforts of CJ &E are coordinated with the Alliance, AWG and the Orange County Regional Airport Authority (OCRAA). Volume 53 - Page 26 INDEX BA -017 Citizens for Jobs and the Economy Funding Request/ El Toro Lobbying Efforts (40/54) • City of Newport Beach City Council Minutes September 27, 1999 He said that the efforts are working and are not being duplicated. Mr. Nestande confirmed that communication and coordination occurs daily. The motion carried by the following roll call vote Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson PUBLIC HEARINGS 31. AMENDMENTS TO THE ZONING CODE (AMENDMENT 892) THAT RELATE TO THE DEFINITION OF TERMS, TERMS AND CROSS - REFERENCES IN THE LAND USE REGULATIONS SCHEDULES, ESTABLISHING WATERFRONT REAR YARD SETBACKS, REGULATIONS ON BAY AND GREENHOUSE WINDOWS, THE PARKING OF VEHICLES IN REQUIRED YARDS, SIGNS IN RESIDENTIAL DISTRICTS, AND THE AUTHORITY OF THE PLANNING DIRECTOR TO APPROVE OFF -SALE ALCOHOLIC BEVERAGE OUTLETS AND MASSAGE ESTABLISHMENTS. Planning Director Temple stated that the proposed amendment to Title 20 of the Municipal Code is a series of minor changes, mostly characterized as • housekeeping. She stated that two of the changes are more substantive and include a change in the process for approval of massage establishments and off -sale beer & wine retail outlets. Mayor O'Neil opened the public hearing. There being no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Debay to introduce Ordinance No. 99 -26 and pass to second reading on October 25, 1999. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson CURRENT BUSINESS 34. NOTICE TO INTERESTED AGENCIES: INTENT TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. City Manager Bludau stated that this marks the beginning of the City's efforts to annex several areas which are a part of the City's sphere of • influence, but not currently within City boundaries. Deputy City Manager Kiff stated that the next stage of the process will begin Volume 53 - Page 27 INDEX Ord 99.26 PCA 892 Land Use Regulations Schedules (94) Proceedings for the Reorganization of Territory/ Bay Knolls/ Santa Ana Heights/ Newport Coast and Ridge (21) City of Newport Beach City Council Minutes September 27, 1999 • October 25, 1999, and that Costa Mesa will begin similar proceedings for some of its neighboring territories. He acknowledged Costa Mesa's support in working through several key island boundary issues. Mr. Kiff stated that the entire annexation process is outlined in State Law and must be followed carefully. He stated that there will be at least four public hearings on the matter. He thanked the residents in each of the annexation areas for their patience, and he gave them the City's guarantee that the process will be open and deliberative. He specifically thanked the Council's annexation sub - committee and the team of five residents From the Newport Coast community who have been meeting with the City since March of 1998. Mr. Kiff stated his confidence that the remaining issues will be resolved soon. Mr. Kiff asked that the Council approve the recommended actions before them with one amendment. He asked that in addition to completing the planning requirements associated with Newport Coast, that staff would be authorized to prepare for Council review any additional zoning or general plan amendments required in the Bay Knolls and Santa Ana Heights areas. Council Member Glover confirmed with Mr. Kiff that the City is only moving forward on Bay Knolls, Santa Ana Heights and the Newport Coast and Ridge. Mr. Kiff stated that the proposed application does not include the Santa Ana Country Club because it requires the approval of Costa Mesa, • which has not yet been received. Council Member Glover further confirmed that the City could change the boundaries prior to the Local Agency Formation Commission of Orange County (LAFCO) hearing, but that the current application is the intended application. Barry Allen, 1021 White Sails Way, referred to Recommended Action 3(f) in the staff report. He asked that the Fiscal Impact Analyses of Newport Coast include complete and detailed analysis of what the cost of services to the area would be, as well as complete and detailed analysis on what money will be received from the area if it is annexed. He added that he also wants the residents of Newport Beach to be made aware of the list of demands by the residents of Newport Coast, so that their agenda is clear. Mayor O'Neil informed Mr. Allen that the studies he is requesting will be done. He added that some have already been done and will be updated, and that the information would be made available to the public. Daniel Wampole, 27 Bridgeport Road, Newport Coast, thanked the Council for slowing down the annexation process. He stated that the Newport Coast residents have worked with City staff over the past year, primarily on three issues, which include equality, specifically trash collection; Council representation; and tax relief from the huge quantity of bonds the area has. He stated that the Newport Coast area has the option to annex with Newport Beach, incorporate on their own or just remain as they are. He pointed out that, if annexed, Newport Coast would bring in a lot of taxes • without a lot of costs. He said the current assessed value of the area is $1.6 billion and should be closer to $2.7 billion, representing a very large financial base. He added that they do have some needs, like a civic center, for the Volume 53 - Page 28 INDEX City of Newport Beach City Council Minutes September 27, 1999 • projected 11,000 to 14, 000 residents of the area. Council Member Debay explained that the tax relief that is being asked for by the Newport Coast residents will not negatively impact the current residents of Newport Beach. Mr. Kiff confirmed that the money would come from another source, such as the sewer and water service. Mr. Wampole added that the residents of Newport Coast do not want to negatively impact Newport Beach. Mayor O'Neil acknowledged the patience, understanding and cooperation of the Newport Coast residents in working with the City over the past several years. He stated that he feels that a resolution will be found that will be satisfactory to both the residents of Newport Coast as well as the current residents of Newport Beach. He added that he would not take action to force the Newport Coast residents to annex with Newport Beach if they did not want to. Mr. Wampole stated that although the direction that the City is headed is a good one, the residents of Newport Coast couldn't support the annexation until the final shape of everything is before them. Council Member Debay confirmed with Mr. Kiff that the 86-page report, dated February 23, 1998, and mentioned in the staff report is available in • the City Manager's Office for review by the public. Deborah Allen, 1021 White Sails Way, stated that it would be important to get the updated financial impact numbers, mentioned earlier. She added that she has no opinion on the annexation, but feels that the two things important to Newport Beach residents would be the financial benefit of annexing Newport Coast and how the annexation would change the districting of the seven City Council members. Mayor O'Neil stated that the Council redistricting committee, comprised of Mayor Pro Tern Thomson and Council Members Debay and Ridgeway, will report back to the City Council with a recommendation in November. He said that under the City's Charter, the City Council is required to redistrict every four years. He stated that the committee will make recommendations both including Newport Coast and not including Newport Coast. He added that the City Charter allows for seven districts with seven council members, each elected at large. He stated that currently, each district contains approximately 10,000 people and that an addition of Newport Coast would add about 1,500 people per district. Council Member Glover stated that Newport Beach already has many beautiful homes and that annexing Newport Coast would add some beautiful homes but would only compliment what is already here. She added that Newport Beach provides good services, and that the money that is brought into Newport Beach from Newport Coast will be given back in the services • provided. Ms. Allen said that it will be important for the residents of Newport Beach to Volume 53 - Page 29 INDEX • u • City of Newport Beach City Council Minutes September 27, 1999 know why the annexation is being done. Motion by Council Member Ridgeway to: 1) Set October 25, 1999 as the date of a public hearing at which time the City Council will consider the adoption of a Resolution of Intention to Initiate Proceedings for the Reorganization of Territory; 2) Per Government Code §56800(b), direct the City Clerk to mail notice to all affected agencies of an October 25, 1999 public hearing at which time the City Council may adopt a resolution declaring the City of Newport Beach's intention to initiate proceedings for the reorganization of territory known as Bay Knolls, the Santa Ana Heights, and the Newport Coast and Ridge; and 3) Direct staff to return to the City Council after acting to: a) Complete the METES AND BOUNDS that describe the proposed reorganization areas; b) Prepare a PLAN OF SERVICE reflecting the draft Plan described in this staff report; C) Complete the required ENVIRONMENTAL REVIEW and PLANNING AND ZONING obligations associated with the proposed reorganization, including the: (1) Initiation, processing and approval of General Plan Amendments implementing the "Second Amendment" to the Local Coastal Plan (LCP) and other recent modifications to the Newport Coast and San Joaquin Hills Planned Communities' land use Volume 53 - Page 30 INDEX plans; (2) Initiation, processing and approval of amendments to the Zoning Code and Districting Map to conform with (cl); (3) Initiation, processing and approval of LCP amendments to modify jurisdiction, incorporate (cl) and (c2), assume Master Coastal Development Permit authority (after appropriate transition) and other appropriate modifications necessary to implement the land use plan; (4) Environmental Documentation for a General Plan Amendment, Zone Change, Local Coastal Program, Development Agreement, and impacts associated with plan for services and boundary adjustments and, if necessary, the capital improvements associated with acquiring the water and sewer infrastructure in the Newport Coast and Ridge annexation area; (5) Prepare any additional zoning or general plan amendments required in the Bay Knolls and Santa Ana Heights areas. d) Complete any DEVELOPMENT AGREEMENT and other documents associated with the processing of development approvals in the Newport Coast and Ridge area, including: (1) Any AnnexationlDevelopment Agreement with The Irvine Company; and (2) Any Joint Powers Agreement with the County of Volume 53 - Page 30 INDEX • • C I City of Newport Beach City Council Minutes September 27, 1999 Orange describing the processing of development permits; e) Complete the PROPERTY TAX EXCHANGE AGREEMENTS required by Revenue and Taxation Code §99 and §99.1; i) Complete any remaining Fiscal Impact Analyses of the proposed reorganization areas; g) Upon adoption of the Resolution of Intention to Initiate Proceedings, pay any applicable filing fees (in an amount not to exceed $6,500) to the Orange County Local Agency Formation Commission (LAFCO); and h) Take any other action which may be necessary to inform the public, other local agencies, any affected residents, and others about the proposed reorganization of territory. The motion carried by the following roll call vote Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson MOTION FOR RECONSIDERATION - None. ADJOURNMENT - 10:10 p.m. The agenda for the Regular Meeting was posted on September 22, 1999, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Seci ry i Mayor Volume 53 - Page 31 INDEX