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HomeMy WebLinkAbout01/11/2000 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 11, 2000 - 7:00 p.m. CLOSED SESSION - 5:00 p.m CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Absent: None Pledge of Allegiance - Mayor Pro Tern Adams. Invocation by Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church. Proclamation congratulating the Assessment and Treatment Services Center on their 25th Anniversary. Council Member O'Neil read the proclamation and presented it to Catherine Thyen of the Assessment and Treatment Services Center. Ms. Thyen thanked Council for their support. Presentation by Judge William M. Monroe concerning Grand Jury recruitment. Judge Monroe reviewed the function of the Grand Jury, discussed what it takes to be on it, and reported that recruitment closes on January 31. He indicated that information is available at www.oc.ca.gov /superior and that he will leave applications with the City. Presentation to Fletcher Jones for his contribution to bay water quality and landscaping. Mayor Noyes read the presentation. Assistant City Manager Wood reported that, in addition to Mr. Jones, there were a group of neighbors (Carol Boice, Carol Hartman, Hillary Thamer and Barbara Quist) who also worked on the landscaping issue. She stated that those residents, as well as Mr. Jones, will be given a framed photograph of the Toyon plant that was installed on Bayview Way. Mr. Jones thanked Council and staff for all the work they have done and indicated that he is proud to be a part of the community. Council Member O'Neil thanked Mr. Jones for being a great corporate citizen of the community. Council Member Debay commended Mr. Jones on how his commercials beautifully advertise the City. 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 said "Hi" to his children, Kyle, Scott, and Madison. Volume 53 - Page 138 INDEX City of Newport Beach City Council Minutes January 11, 2000 • Council Member Glover requested that staff and the City Attorney review for next study session the responsibilities of the Library Board of Trustees and precepts to the Newport Beach Library Foundation, and also do the same for Arts Commission and the Arts Foundation. • Council Member Thomson reminded staff that a Bonita Canyon Park report should be forthcoming. • Council Member Thomson indicated that it is his understanding that the Harbor Day School would be covered by mid to end of January. • Council Member Thomson wished his wife, Carol, a "Happy Birthday." • Mayor Noyes reminded everyone that the world had its 2000th birthday and that it is a great time to be here. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF DECEMBER 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. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading' in under consideration, and direct City 3. Removed at the request of Council Member Ridgeway. 4. COUNCILMANIC DISTRICT BOUNDARIES. 1) Adopt Resolution No. 2000 -2 establishing a Councilmanic Redistricting Committee; and 2) confirm Mayor Noyes' appointment of Mayor Pro Tem Adams, Council Member Thomson and Council Member O'Neil to the Councilmanic Redistricting Committee. 5. LEGISLATIVE PLATFORM FOR 2000. Adopt Resolution No. 2000 -3 relating to the City's Legislative Platform for 2000 and authorizing the Mayor to issue letters consistent with the Platform. ORDINANCE FOR INTRODUCTION 6. PROPOSED AMENDMENTS TO SECTION 6.040.090 OF THE NBMC (GARBAGE AND REFUSE CONTAINER REQUIREMENTS). Introduce Ordinance No. 2000 -1 and pass to second reading on January 25, 2000. ORDINANCE FOR ADOPTION THE PACIFIC CLUB - 4110 MACARTHUR BOULEVARD (BROOKE B. BENTLEY, GENERAL MANAGER) - REQUEST TO PERMIT THE Volume 53 - Page 139 INDEX Res 2000 -2 Councilmanic District Boundaries (24) Res 2000 -3 2000 Legislative Platform (48) Ord 2000 -1 Garbage & Refuse Containers (44) Ord 99 -28 GPA 97 -3(E) City of Newport Beach City Council Minutes January 11, 2000 PHASED EXPANSION OF AN EXISTING PRIVATE MEMBERSHIP ATHLETIC CLUB. THE PROJECT IS AN EXPANSION OF THE PRIVATE ATHLETIC CLUB BY 15,000 SQUARE FEET TO ACCOMMODATE ADDITIONAL MEMBER SERVING FACILITIES INCLUDING ACCESSORY ATHLETIC, DINING AND SUPPORT USES. Adopt Ordinance No. 99 -28, an amendment to the Kell Center Planned Community, approving a 15,000 square foot increase of development rights in Office Site "A" of Kell Center Planned Community (Amendment No. 890). CONTRACTS AND AGREEMENTS S. MACARTHUR BOULEVARD PAVEMENT REHABILITATION AND SANDCASTLE /TILLER/BLUE KEY PAVEMENT OVERLAY (C -3269) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) authorize the City Clerk to release the Faithful Performance Bond 6 months after Council acceptance. 9. 1999 -2000 SLURRY SEAL PROJECT (C -3299) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) authorize the City Clerk to release the Faithful Performance Bond 6 months after Council acceptance. 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 3709 OCEAN BOULEVARD, CORONA DEL MAR (EP99 -475). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements: a) authorize Mayor and City Clerk to execute the Agreement; and b) authorize and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 2) an Encroachment Permit issued by the Public Works Department; and 3) a Building Permit issued by the Building Department. MISCELLANEOUS ACTIONS 11. PLANNING and file. AGENDA FOR JANUARY 6, 2000. Receive 12. Removed at the request of Council Member Ridgeway. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for those items removed (3 and 12). The motion carried by the following roll call vote: Volume 53 - Page 140 INDEX PCA 890 The Pacific Club 4110 MacArthur Blvd. (45) C -3269 MacArthur Blvd. Pavement Rehab & Pavement Overlay (38) C -3299 1999 -2000 Slurry Seal Project (3S) EP 99 -475 Encroachment Agr/ Public Right -of -Way Adjacent to 3709 Ocean Blvd. (65) Planning (68) City of Newport Beach City Council Minutes January 11, 2000 Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noye Noes: None Abstain: None Absent: None ITEMS REMOVED FROM THE CONSENT CALENDAR 3. JUNIOR LIFEGUARD PROGRAM REGISTRATION GUIDELINES AND FEE ADJUSTMENT. Chief Riley stated that the staff report reaffirms Council action that was taken in 1984 to use fees to offset some of the costs associated with the Junior Lifeguard program, recoup all costs, and give residents preferential treatment relative to registration and fees. He reported that the fees are being updated at this time since they have not been increased in a few years. He stated that all the costs are being recouped this year and reported that the program will be going into full swing at the end of the month. Regarding the registration fee, Council Member Ridgeway asked if there are scholarships available or financial help for those who may have a hardship. Chief Riley indicated that the City has never had a program like that and that the fees have actually been artificially increased to cover costs. He reported that about $90,000 has been subsidized by the General Fund but that, if Council desires to do something other than cover 100 percent of the fees or set up a scholarship program, they can look into that. He stated that there may also be members of the community who have benefited from the program and can provide voluntary registration relief. In response to Council Member Thomson's questions, Chief Riley explained that everyone wanting to join the program will be required to undergo the swim test even if they were previously in the program since they really do not know the caliber of everyone's athletic ability. He stated that there will be a host of dates to take the swim test and that, once completed, participants will receive their registration packet. He indicated that people who cannot pass the swim test will not be permitted to register and that the swim test also enables staff to feel comfortable that everyone who is in the program has annually passed the test. Regarding registration, Chief Riley reported that there is a two week window before general registration for residents to register. Council Member Debay asked if it would be a hardship for Chief Riley's department to allow those with hardships to pay over the six weeks of training. Chief Riley stated that the burden would lie with the accounting staff, but that it would be an additional cost in the program. He believed that there will not be a hardship but they can brainstorm the issue on a case - by -case basis. Council Member Glover expressed the opinion that the City should look at all its programs if a scholarship was going to be given. Motion by Council Member Ridgeway to 1) approve a motion to support the registration guidelines developed by the Fire and Marine Department for the Junior Lifeguard Program; and 2) adopt Resolution No. 2000 -1 amending the City's Fee Schedule for Municipal Services pertaining to fees paid by Volume 53 - Page 141 INDEX Res 2000 -1 Junior Lifeguard Program (51) City of Newport Beach City Council Minutes January 11, 2000 participants of the 2000 Newport Beach Junior Lifeguard Program. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 12. 19TH STREET BRIDGE REPORT (SARX STUDY). Public Works Director Webb indicated that the SARX study actually deals with two bridges: the 19th Street Bridge and the Garfield/Gisler Bridge and reported that Costa Mesa, supported by Huntington Beach, requested that both bridges be removed from the County Master Plan of Arterial Highways. Newport Beach and Fountain Valley are ultimately taking the traffic that is being diverted and indicated that it is felt that Coast Highway will need to be widened between Brookhurst and Superior if the bridges are not constructed. He stated that the environmental impacts are being looked at relative to removing the bridges, leaving the bridges in place, or using alternative routes. Mr. Webb reported that the model runs should be completed in March, developing mitigation measures and costs will be completed by June, the draft EIR should be prepared by August, and the final EIR will be released in December. He stated that Peter Tarr is Newport Beach's citizen member on this issue but that it might be prudent to increase the efforts to educate some of the West Newport Beach residents of the potential impacts of removing the bridges. Council Member Ridgeway stated that he is specifically concerned with the 19th Street Bridge, emphasizing that the City is being impacted by regional traffic that is using Pacific Coast Highway. He indicated that it is imperative that the City become more involved in resolving regional traffic issues and that it is incumbent upon the citizens to attend meetings. He pointed out that the City needs the 19th Street Bridge to help mitigate the regional traffic that goes through the City and emphasized that this is a segment that needs to be looked at, attended to, and supported. Council Member Debay stated that, at one time, the Orange County Transportation Authority (OCTA) convened a meeting which included electorates from the four cities and asked if there was a way to do this again. Mr. Webb stated that it is his understanding that the OCTA is not currently part of this process; however, he is looking into having another meeting. Motion by Council Member Ridgeway to work with the West Newport Community to inform them of the impacts to their community related to the removal of the 19th Street Bridge from the circulation system and review the City's representation on the SARX (Santa Ana River Crossing) Technical Advisory Group. The motion carried by the following roll call vote: Volume 53 - Page 142 INDEX 19th Street Bridge/ SARX Study (61/85) City of Newport Beach City Council Minutes January 11, 2000 INDEX Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None PUBLIC COMMENTS - None. PUBLIC HEARINGS 13. CALCULATION OF RESIDENTIAL MAXIMUM FLOOR AREA Ord 2000 -2 LIMITS (PLANNING COMMISSION AMENDMENT 895) - AN PCA 895 AMENDMENT TO SECTION 20.10.030 (PROPERTY DEVELOPMENT Elevator Shafts/ REGULATION M), SECTION 20.10.040 (B -2), AND SECTION 20.41.060 Vertical Shafts (PROPERTY DEVELOPMENT REGULATION I) OF THE ZONING (94) CODE TO PARTIALLY EXEMPT ELEVATOR SHAFTS AND SIMILAR VERTICAL SHAFTS FROM THE CALCULATION OF RESIDENTIAL FLOOR AREAS. Mayor Noyes opened the public hearing. There being no further testimony, Mayor Noyes closed the public hearing. Motion by Council Member O'Neil to introduce Ordinance No. 2000 -2 and pass to second reading on January 25, 2000. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 14. EXTENDED STAY AMERICA, 4881 BIRCH STREET - REQUEST FOR Ord 2000.3 A GENERAL PLAN AMENDMENT, PC AMENDMENT, USE PERMIT Res 2000 -4 AND A TRAFFIC STUDY TO ALLOW THE CONSTRUCTION OF A Extended Stay 164 ROOM EXTENDED STAY HOTEL. America /Koll Center Planned Community/ Planning Director Temple reported that the proposal is to demolish the food 4881 Birch Street/ court, Plaza de Cafe, and construct a hotel that is focused on the extended GPA 99 -2(A)/ stay market in which the occupancy stays longer than two or three days, but PCA 8971UP 3665 averages about two to three weeks. She noted that there is a strong market (45) for this type of facility in the area even though the hotel will not have meeting rooms or restaurants. Ms. Temple reported that the project reduces the amount of traffic generated in the area because the hotel generates less trips than the food court and pointed out that the project is providing more than twice the required number of parking spaces. Council Member Debay reiterated that the project would generate fewer trips than the existing restaurants, noting that this would benefit the City through the use of the transient occupancy tax and because it generates less traffic. Volume 53 - Page 143 City of Newport Beach City Council Minutes January 11, 2000 INDEX Mayor Noyes opened the public hearing. Dick Nichols, 519 Iris, believed that traffic will just be displaced, not reduced, since the people using the restaurants will have to use other restaurants in the area. Susan Caustin, 2421 East 16th Street, commended Council for finding alternative sources of revenue that do not aggravate traffic. There being no further testimony, Mayor Noyes closed the public hearing Motion by Council Member Debay to adopt Resolution No. 2000 -4 approving General Plan Amendment No. 99 -2(A); introduce Ordinance No. 2000 -3, an amendment to the Kell Center Planned Community (Amendment No. 897), and approve the designation of hotel use for Parcel 1 of KCN Retail and Service Site 1, establish the permitted gross floor area for KCN Retail and Service Site at 120,000 square feet, establish the permitted height for the site at 60 feet, and pass to second reading on January 25, 2000; and sustain the action of the Planning Commission and approve the supporting documentation related to the amendment, subject to the Findings, Conditions and Mitigation Measures as modified by the Planning Commission: the acceptance of a Negative Declaration, Use Permit No. 3665, and a Traffic Generation Study. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None CURRENT BUSINESS 15. COUNCIL DIRECTION TO THE CITY CLERK REGARDING ACCEPTANCE OR REJECTION OF GREENLIGHT PETITION BASED ON CITY ATTORNEY'S ANALYSIS OF PETITION FORMAT. City Attorney Burnham stated that the City Clerk is solely responsible for determining if a charter amendment petition substantially complies with the formatting requirements of the Election Code. He indicated that the City Clerk made the determination on December 9 that the Greenlight petition did comply and, therefore, he recommends that Council take no action on this item. Motion by Council Member O'Neil to table the item. Council Member Glover indicated that they received a letter from the proponents (Phil Arst, Tom Hyans, and Evelyn Hart) in which they compare their petition to the Safe and Healthy Communities initiative. The motion carried by the following roll call vote: Volume 53 - Page 144 Greenlight Initiative Petition (39) City of Newport Beach City Council Minutes January 11, 2000 16. INDEX Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None CERTIFICATION OF THE PETITION ENTITLED "PROTECTION Res 2000 -5 FROM TRAFFIC AND DENSITY INITIATIVE" AND ADOPTION OF A Certification of RESOLUTION SETTING THE ELECTION DATE. "Protection from Traffic & Density Motion by Council Member O'Neil to approve the certification of the Initiative" Petition "Protection from Traffic and Density Initiative" petition from the Registrar of ( Greenlight)/ Voters, County of Orange, as presented by the City Clerk; adopt Resolution Calling Election No. 2000 -5 calling and giving notice of the holding of an election for the for Proposed submission of the proposed charter amendment to be held on November 7, Charter Amendment 2000; and direct the City Clerk to prepare for consideration at a future (39) meeting all the necessary resolutions, etc. needed to conduct the election on the established date. Council Member O'Neil explained that the Greenlight initiative should be placed on the November 7 ballot because it is such an important issue and this would give the greatest number of people the opportunity to vote on it. Additionally, having the issue placed on the November ballot also saves the taxpayers a considerable amount of money. Allan Beek, 2007 Highland, commended Council for their action on the previous item and Council Member O'Neil for his motion; however, he requested that the date of the election be amended to April. He stated that Council will be receiving items for action relative to General Plan amendments that involve at least 2.5 million square feet of office space that does not generate any significant revenue but would create 5,000 extra peak hour car trips. He expressed the opinion that the City does not need these extra car trips, but if it is going to have them, he believed the residents should have the right to vote on them. Council Member O'Neil took issue, indicating that Mr. Beek is assuming that certain decisions to approve the square footage have been predetermined or that Council is incapable or incompetent to make those types of decisions. He stated that the measure shows a lack of trust in the elected officials and assured Mr. Beek that no decision has been predetermined. Mr. Beek utilized an analogy to show that the citizens elected Council to run the City for them because they do not want to vote on every little issue, but they want it to be done under their direction and with their guidance. Tom Hyans stated that he lives on the Peninsula and is one of the petition signatories. He indicated that no one is there to insult Council but just to say what they think. He clarified that he has no intentions of recalling any Council member, but does have the opportunity to present an initiative. He stated that getting the signatures was easy because there are a lot of people who think the way they do. He discussed the traffic and potential congestion on Pacific Coast Highway, specifically at the Banning tract; Old Newport Boulevard; Riverside Avenue, Tustin Avenue, and Dover Drive intersections; the Ardell property; the Dunes; the Newport Center; and the Hyatt, Crystal Volume 53 - Page 145 City of Newport Beach City Council Minutes January 11, 2000 INDEX Coves, and Newport Coast properties; but noted that some of the problems are beyond Council's control. Mr. Hyans believed it was unconscionable to push the election out to November when two projects that have the greatest impact on Coast Highway (Dunes and Newport Center projects) have been scheduled to "skate under" prior to the election. Council Member O'Neil stated that he is respectful of the constitutional right of all the citizens to initiate laws through this process. He asked, since there were so many people that were readily willing to sign the petition, why they would not want to have as many people vote on it at a general election as opposed to a special election. He reiterated that the reasons are that they do not trust Council and their ability, and that they believe Council does not have the competence, skill, and level of trust to make those types of decisions. He added that citizens have the opportunity to provide input at Council, Planning Commission, and citizen advisory committee meetings. Council Member O'Neil also took issue that the citizens of the community who support the initiative think that the Council is in the pocket of the developers, have predetermined certain issues, and are incapable of making decisions on major land use issues, believing that this is one of the best Council's the City has ever had. Mr. Hyans stated that he believed be needed to be present tonight because of what happened to the Traffic Phasing Ordinance (TPO) and because there has been procrastination on updating the Circulation Element and Land Use Element of the General Plan due to decreased staffing. He believed that the Planning Department's time is being used for the projects that have short, tight schedules. Mayor Noyes reminded Mr. Hyans that Council members are citizens of the City and share the same concerns. He stated that Council is objecting to the characterizations that are not exactly accurate of some of the events and the assumption that some of these projects are already approved when they are not. He concurred that this Council is one of the best Council's the City has ever had and emphasized that the City has no control over the Banning Ranch development or of Down Coast. Mayor Noyes asked that the elected officials be trusted. In response to Mr. Hyans' comment relative to the TPO making it impossible for Council to improve PCH through Mariner's Mile, City Attorney Burnham clarified that Council has not taken any action to declare any intersection improvement infeasible along Mariner's Mile or anywhere else. Regarding the Planning Department staff and use of their time, Council Member Glover felt that a member of their staff should review the El Toro environmental impact report. She emphasized how critical this issue is for the City and stated that this initiative has put the City in a very bad position. She stated that Greenlight supporters need to be respectful of the schedule that they are under. Mr. Hyans clarified that the reference to the El Toro initiative was to only point out that it is being placed on a ballot even though it has flaws and weaknesses. Mayor Noyes pointed out that Council has a responsibility to review issues and that Council has set an election date when they think it is most fair. He emphasized that the election records indicate that the most fair elections are Volume 53 - Page 146 City of Newport Beach City Council Minutes January 11, 2000 INDEX in November of even years because special elections have very poor voter turnout. John Griffith, 39 Beachcomber Drive, expressed the opinion that the Greenlight initiative is an effort towards zero - growth. He believed that the City should be grateful that only one person owned The Irvine Company when you look at all the property that has been built over the last 60 years. He indicated that he believes the City is structured like every other City in the country with committees, Council, and a Mayor. Susan Caustin, 2421 East 16th Street, believed that Council members are intelligent people who have the best interest of the City in mind. However, she stated that she knows that the political pressure to approve the 11 pending projects is going to increase. She indicated that she does not mind not having a special election, but asked that Council not approve anymore projects that would be covered by the Greenlight initiative until the election is held. Dick Nichols, 519 Iris, stated that he looked at the zoning when deciding if he was in favor or opposed to the Greenlight initiative. He believed that his property was down -zoned so that the City could have the General Plan at its current level, but was not asked if he wanted this done. He noted that when Council was elected, they signed on to the General Plan that was in affect. He asked why residents should get these huge projects that are over and above the current General Plan, why their lives should be hampered because of that, and why their traffic and amenities should be compromised by zoning. He also agreed that projects should be postponed until November and noted that many alternate routes (i.e. 19th Street and San Joaquin Hills Road) have already been removed. He stated that The Irvine Company and the Dunes accepted the General Plan, believing that the Dunes gets to go to the County fist to get approval for what they want and then to the City to say "take it or leave it." He believed that Council does not have a right to expand the General Plan as much as they had a right to down -size his zoning. He took issue with the TPO, believing that Council will exempt the intersections in Corona del Mar. Regarding the Dunes, Mayor Noyes clarified that the Dunes has to receive City approval prior to receiving approval from the County. Mr. Burnham added that, when the City sued the County in 1981, the City entered into a settlement agreement with the Dunes which did confer land use authority to Council subject to certain rights that the Dunes had. However, the City does not have land use authority over a portion of Banning Ranch or Newport Coast. City Manager Bludau added that, according to some of the comments tonight, Council would not have been able to take any action on the Extended Stay America Hotel (Item No. 14). Philip Arst, 2601 Lighthouse Lane, stated that he is an officer of the Airport Working Group and resented the comments that they are not supporting the City's efforts for an El Toro Airport. He noted that they had the option to rush their signature collection to get the initiative on the March ballot; however, they believed that it would confuse the City's efforts in fighting the Safe and Healthy Communities initiative. He agreed that the El Toro Volume 53 - Page 147 City of Newport Beach City Council Minutes January 11, 2000 INDEX Airport issue is the most important issue facing the City, but believed that the second most important issue is planning the City and keeping it from being congested. Mr. Arst stated that people have the fundamental right to petition against legislative actions that they believe are counter to their interests. In this case, the TPO could permit a very congested/high density City. He expressed concern that 11 development projects are receiving a great deal of attention in the Planning Department and could be approved before the November election. He reminded Council that 10,000 voters have expressed a desire to have a say on the type of City they want Newport Beach to become. Mr. Arst believed that the City is engaging in a piecemeal approach because the General Plan has not been updated. He took issue, stating that the initiative is not zero growth but would be only if they believe the citizens would not approve anything. He indicated that they want a special election because of the possibility that at least two major projects will be passed before the people have the opportunity to vote. He expressed the opinion that, if Council votes for anything other than an April special election or does not defer voting on any major General Plan change, Council will create the appearance that they are supporting the major developers to the detriment of the citizens. Mr. Arst asked that everyone work together to make a better City that will preserve its special treasures, adding that they seek a balance between business, the environment, and the residents. He indicated that they know the voter approval process is not the best way to run a City government; however, because of the lack of Citywide planning, it is the best way to run Newport Beach. Council Member O'Neil reiterated his concern that he wants to give as many people a chance to vote on this as possible and asked if Council gets the automatic authority to approve projects if the Greenlight initiative fails. Mr. Arst indicated that, if the initiative fails, they reserve the right to use the referendum process for individual projects. Mayor Pro Tem Adams indicated that, if one of the projects comes before Council between now and the election, he would not support it if he receives letters from residents and, therefore, does not have a concern about holding the election in November. He emphasized that the City is not advancing the development proposals since the timing is strictly up to the developers. He expressed the opinion that imposing a moratorium on them is not reasonable and added that he has a problem with changing the charter to address two decisions that Council may make. Council Member Ridgeway stated that government is run by the people who show up. However, he disagreed with Mayor Pro Tem Adams and indicated that he is not automatically swayed by a number of letters but is swayed by quality of life and economic development. He also expressed his concern with the current TPO and the exempt intersection section, and promised to work to make it a stronger TPO. He asked that the people respect Council because trust is earned. Council Member Ridgeway pointed out that the City has regional, social, and cultural issues to deal with that may override what is done by Council. Mayor Pro Tem Adams amended his statement, noting that letters are a major influence; however, he must cast a vote on Volume 53 - Page 148 City of Newport Beach City Council Minutes January 11, 2000 100111 D►V what he feels is best for the City. Mr. Arst stated that it took them four months to collect 10,000 signatures, using at least 250 volunteers. He clarified that they formulated the initiative because they cannot use the referendum process in a timely manner for 11 projects. He indicated that they would support projects that have merit, return a positive profit to the City, do not harm the environment, and do not cause an undue amount of traffic. Council Member Glover stated that she tries to thoroughly review projects. She noted that, after ten years on the Planning Commission and Council, she has not looked at her list of contributors and she has not really approved a big project except for the rehabilitation of the Balboa Bay Club. Nancy Skinner, 1724 Highland Drive, stated that she thinks all Council members are good people and have the same interests at heart. She reminded Council about some of the things the citizens have done for the City that have been beneficial to the quality of life (saved the Corona del Mar overlook from development, stopped the coastal freeway, saved Upper Newport Bay from development, established a height limit around the Lower Bay and ocean shoreline, obtained the land around the Upper Bay for the regional park, initiated the park dedication ordinance, and wrote the original TPO). She expressed the opinion that the citizens have done a lot of good things for the community, are a sophisticated group of voters, and understand the concerns about traffic and major development. She stated that she would like to see everyone work together to keep Newport Beach the best city in the world and believed that the initiative is allowing the citizens to say what they want the City to become. Council Member Debay concurred with Council Member Ridgeway's philosophy regarding balance. She stated that she has been on Council for seven years and has seen the economy come and go. She noted that a lot of the projects have been planned for years but have been sitting on the shelf waiting for the recession to disappear, for the economy to come back, and for there to be a market for their construction. She emphasized that they are not rushing to get anything done just because of the Greenlight initiative. Council Member Debay stated that she could not support a moratorium. Council Member Debay believed that the TPO has been particularly hard; in some cases, because of the geographic constraints of the Back Bay, noting that it cuts the City in half and gives the City two east -west transit corridors. She agreed that PCH does carry more cars than an average street and that it is a constraint that needs to be dealt with. She indicated that she has spoken to a number of the audience regarding artificial constraints, particularly the 190h Street Bridge, since the City has been getting a lot of pass - through traffic from Huntington Beach onto Superior Avenue to get to the 55- Freeway. Council Member Debay expressed concern that the Greenlight initiative does not fix the problem. She indicated that, by turning down development that could be economically beneficial in the future, those projects will go to adjoining cities but Newport Beach will still get the pass- through traffic Volume 53 - Page 149 City of Newport Beach City Council Minutes January 11, 2000 INDEX without the benefits of developer dollars to improve the transit streets or the ability to cut down the project to make less of an impact on the City. Bob Caustin, 471 Old Newport Boulevard, No. 200, believed that an April election does not exclude anyone from voting on the issue. He stated that the General Plan is a long term plan, but has been amended 55 times in the last ten years. He expressed the opinion that it is not right to take land away in Corona del Mar and give it to others. He stated that the Greenlight was formed because the TPO was gutted and left with very little strength. He stated that they are not trying to take anything away from Council but looking to bring it back to the people. Regarding needing revenue, Mr. Caustin reported that the Council unanimously approved the conversion of 40,000 square feet of retail space at Fashion Island into office space. Council Member Glover noted that she voted against that project. Mr. Caustin believed that an April election will show some good faith. Council Member O'Neil stated for the record that Council spent about three years modifying the TPO based on advice from the City Attorney that the previous TPO was fatally flawed and puts the City, taxpayers, and Council in jeopardy and subject to millions of dollars of liability if the City continued to operate under it. He emphasized that Council went through the proper process, with hearings and committee reviews, and came up with an ordinance that the City believes is legally defensible so as to not waste taxpayer money on needless litigation and paying out uncalled -for damages and rewards. Mr. Caustin stated that The Irvine Company was quite pleased with the changes and believed that the Greenlight initiative may help the City have a position that will save it. Discussion ensued relative to the many successful issues that Mr. Caustin has brought before Council. Mr. Caustin stated that he has faith that this Council intends to do the right thing, but believed that it will respond, possibly undesirably towards the citizens, under the pressure of a lawsuit. Elaine Linhoff, 1760 East Ocean Boulevard, stated that the previous TPO held development in check to a degree. She indicated that she understands why the TPO was changed, but that there is now an avalanche of projects coming before the City after the change occurred. She stated that she believed the City asked the major developers what projects they had in mind so that they could get an idea of what to expect. She asked that, even if a formal moratorium is not set, Council delay any decisions on the big projects until after the November election. She indicated that not doing this would say to the voters that Council does not trust the voters. Council Member Ridgeway stated that Council is deliberative and emphasized that none of the projects have been denied or approved at this time. Jennifer Frutig, 1715 Marlin Way, stated that she has a Ph.D. in political science. She indicated that she is advocating for a special election in April, believing that local ballot initiatives need to be separate from State and Federal elections. She reported that the March primary election has 20 qualified ballot initiatives and that there are about 30 initiatives that are trying to qualify for the November election. She expressed the opinion that it is too much to expect the average voter in the City to be informed about 20 Volume 53 - Page 150 City of Newport Beach City Council Minutes January 11, 2000 INDEX or more State and local initiatives. She asked that there be a separate election in April so that Newport Beach voters can make an informed vote. Mayor Noyes pointed out that the City historically has had a better voter turnout rate during general elections than special elections. Dr. Frutig believed that, even though the City has a high turnout rate, the voters may not necessarily be voting on the local initiatives but just on the State or Federal issues. Council Member Ridgeway gave Dr. Frutig a printout that reflects the percentage of voter turnout for past elections. Paul Gerst, 2028 Vista Cajon, stated that the surefire way to defeat the Greenlight initiative is to demonstrate that the residents can rely on Council to preserve the City and assure that none of the projects will be voted on until the people have the opportunity to express their feelings at the polls. He added that he is puzzled about why there is a concern that the residents will have the opportunity to express a preference regarding massive development. Mayor Pro Tem Adams believed that the public always has an opportunity to express anything to Council as they are a very open Council. Council Member Glover stated that she feels it is important to present many options to the residents on the future of the City that focuses on economic, land use, traffic, and quality of life implications. She hoped that this could be done between now and the election. Council Member Ridgeway believed that everyone, including Council, is asking for a General Plan Land Use Element and Circulation Element update; however, this cannot be accomplished prior to the election. Council Member Thomson stated that he has been conflicted by this issue for two weeks. He indicated that he tends to distrust quick decisions made on complex issues; however, he stated that he is too concerned about every square inch of the City being covered with asphalt, concrete, a high building, or another development. He noted that it does take a long time for these projects to be built and agreed that developers want to develop their projects when the economy gets better. However, Council Member Thomson stated that he is more concerned about the process, pointing out that a group, of citizens have done all the work necessary to place an initiative on the ballot. He believed that they deserve the right to have this on a ballot as soon as possible and that he will not be supporting the motion because he would like to see this settled before the November election. Mayor Noyes stated that Council is making their decisions based on more than just traffic issues and are trying to use all the tools available to make good decisions. The motion carried by the following roll call vote Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: Thomson Abstain: None Absent: None Volume 53 - Page 151 City of Newport Beach City Council Minutes January 11, 2000 INDEX 17. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES AND THE AVIATION COMMITTEE FOR A ONE -YEAR TERM ENDING DECEMBER 31, 2000 (appointed by Council upon recommendation of each Council Member) (contd. from 12/13/99). Motion by Council Member Glover to confirm the following nominations: Environmental Quality Affairs Citizens Advisory Committee Citizens Advisory Committees and Aviation Committee Appointments (24) (District 2) Council Member Debay's appointment of Peter Tarr, Marge Pantzar, and Christopher Welsh (at -large member). (District 7) Council Member Thomson's appointment of (contd). Aviation Committee (District 4) Mayor Pro Tem Adams' appointment of (alternate) (contd to February S, 2000). (District 7) Council Member Thomson's appointment of Chuck Colesworthy and (alternate) (contd). The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 13. APPOINTMENT OF OFFICERS TO CITIZENS ADVISORY Citizens Advisory COMMITTEES AND THE AVIATION COMMITTEE. Committees and Aviation Committee Mayor Noyes stated that he asked that this be placed on the agenda because Officers (24) of the inconsistencies on whether the Mayor can appoint the committee chairs and, if the Mayor has that authority, whether the chairs should be Council members or committee members. Motion by Council Member O'Neil to have the Mayor appoint the committee chairs, with the Mayor having the discretion to appoint a Council member or committee member as the chair. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 19. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Planning Commission Volume 53 - Page 162 City of Newport Beach City Council Minutes January 11, 2000 Following discussion, motion by Council Member Debay to confirm the nominations of Earl McDaniel and Steven Kiser; and make the appointment for the one vacancy on January 25, 2000. Mayor Noyes noted that this term expires in June 2000 but Council will be considering whether to extend the term to June 2004. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None 20. RULE 20A UNDERGROUNDING DISTRICT PRIORITY LIST. Council Member Debay reviewed the priority list outlined in the staff report and added the San Joaquin Hills Road issue. Motion by Council Member Debay to form a Council ad hoc committee (consisting of Mayor Noyes, Council Member Debay, and Council Member Thomson) that will meet once with Southern California Edison and the Public Works Department in order to get all the facts to generate a recommendation for Council consideration. The motion carried by the following roll call vote: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None. ADJOURNMENT - 9:28 p.m. The agenda for the Regular Meeting was posted on January 5, 2000, at 3:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. utty ulerk Volume 53 - Page 153 INDEX Vacancy (24) Rule 20A Undergrounding District Priority List (89)