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HomeMy WebLinkAbout02/08/2000 - Regular Meeting9 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 8, 2000 - 7:00 p.m. STUDY SESSION — 4:00 p.m [Refer to separate minutes] CLOSED SESSION — 6:00 p.m CLOSED SESSION REPORT PRESENTED — None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Absent: Thomson and Debay (excused) Pledge of Allegiance - Council Member Glover. Invocation by Reverend Tim McCalmont, Presbyterian Church of the • Covenant. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): • • Mayor Noyes announced that the Library Bookstore still needs more donated books. The books can be picked up by calling 759.9667 or dropped off at the library. • Mayor Noyes announced that, if anyone needs to send a fax to Council on meeting days, they can fax the item to the City Clerk's office at 644 -3039. • Mayor Noyes requested that a future study session be held to answer general questions regarding traffic phasing, lighting, etc. • Noting that the supplemental agenda item appoints Council Member Ridgeway to the Orange County Coastal Coalition, Mayor Noyes commended and thanked the newest Council Members, Mayor Pro Tem Adams and Council Member Ridgeway, for shouldering their share. • Mayor Noyes announced that the Secretary of States provided cassette tapes to assist the blind and visually impaired that outline the propositions on the March ballot. He stated that individuals can contact the City Clerk's office at 644 -3005 regarding the tapes. Volume 53 - Page 187 INDEX City of Newport Beach City Council Minutes February 8, 2000 • CONSENT CALENDAR INDEX READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 25, 2000 AND SPECIAL MEETING OF JANUARY 31, 2000. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Removed at the request of Mayor Pro Tern Adams. 4. Removed at the request of Council Member O'Neil. ORDINANCES FOR ADOPTION 5. Removed at the request of Council Member Glover. 6. AMENDMENT TO FRONT YARD SETBACKS ON ALVARADO PLACE Ord 2000 -4 • (PLANNING COMMISSION AMENDMENT NO. 896) - AN AMENDMENT TO DISTRICTING MAP NO. 11 TO ESTABLISH AN PCA 896/ 301 Alvarado Place 8 FOOT FRONT YARD SETBACK ON ALVARADO PLACE AND (94) DELETE THE ESTABLISHED 8 FOOT FRONT YARD SETBACK ON EAST BAY AVENUE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT 301 ALVARADO PLACE. Adopt Ordinance No. 2000 -4. 7. 407 BOLSA AVENUE (APPLICANTS - VANCE COLLINS AND IAN Ord 2000 -5 FETTES) - A GENERAL PLAN AMENDMENT TO CHANGE THE GPA 91 -2 LAND USE DESIGNATION FROM RETAIL AND SERVICE 407 Bolsa Avenue COMMERCIAL TO TWO- FAMILY RESIDENTIAL TO ALLOW FOR (45) THE CONSTRUCTION OF ATTACHED TWO- FAMILY RESIDENTIAL SUBDIVISION. Adopt Ordinance No. 2000 -5. CONTRACTS AND AGREEMENTS 8. LEGISLATIVE ADVOCACY CONTRACT WITH KENNETH C -3083 EMANUELS AND ASSOCIATES. Authorize Mayor Noyes to execute the Legislative agreement for professional services with Kenneth Emanuels and Associates. Advocacy (38) 9. CONSULTANT AGREEMENT AMENDMENT FOR THE NEWPORT C -3235 DUNES RESORT ENVIRONMENTAL IMPACT REPORT (contd. from Newport Dunes 1/25/00). Continued at the request of the consultant. Resort EIR (38) 10. DOVER DRIVE, WESTCLIFF AND DOVER SHORES STREET C -3317 REHABILITATION (C- 3317). 1) Approve the plans and specifications; • BA -036 2) award C -3317 to Ruiz Engineering Company for the total bid price of Dover Drive/ Volume 53 - Page 188 City of Newport Beach City Council Minutes February 8, 2000 • $458,082.50 and authorize the Mayor and the City Clerk to execute the INDEX Westcliff/ contract; 3) establish an amount of $45,000 to cover the cost of unforeseen Dover Shores work; and 4) authorize a budget amendment (BA -036) to transfer Street $283,082.50 from the Gas Tax appropriated surplus fund balance to Account Rehabilitation No. 7181- C5100537, Dover Drive Pavement Overlay. (38/40) 11. Removed at the request of Council Member Glover. MISCELLANEOUS ACTIONS 12. PLANNING COMMISSION AGENDA FOR FEBRUARY 3, 2000. Planning Receive and file. (68) 13. Removed at the request of Council Member Glover. 14. RESUBDIVISION NO. 978 AT BIRCH STREET AND DOVE STREET. Resub 978 1) Approve the improvement plans and specifications and accept the public Birch Street and improvements constructed in conjunction with Resubdivision No. 978; and Dove Street 2) authorize the City Clerk to release the faithful performance bond and (84) labor and materials bond (Bond No. 11- 91 -90). 15. DONATION OF CITY PROPERTY. Approve the donation of the property City Property as listed in the staff report to the Newport -Mesa Unwed School District. (73) • 16. TRUCK PURCHASE FOR PUBLIC WORKS UTILITIES DIVISION. 1) Approve an additional vehicle for the Public Works Utilities Division and BA -035 Truck Purchase/ authorize the purchase of a 1 -ton truck with utility body; and 2) approve a Public Works budget amendment (BA -035) to transfer $25,000 from the Water Enterprise Utilities Division Fund Utilities Account (5500 -8110) to the Equipment Replacement Account (40/74) (5500 -8024) for the purchase of the truck and a transfer of $18,000 from the Special Departmental Supplies Account (5500 -8200) to the Equipment N.O.C. Account (5500-9300). 17. NOTICE OF INTENT TO WITHDRAW FROM THE METRO CITIES C -3341 FIRE AUTHORITY; AND APPROVAL OF A BUDGET AMENDMENT BA -038 TO CONDUCT A REQUEST FOR PROPOSALS TO STUDY THE Metro Cities FEASIBILITY OF MERGING THE POLICE DEPARTMENT AND THE Fire Authority/ FIRE AND MARINE DEPARTMENT EMERGENCY DISPATCH, Emergency TECHNOLOGY AND MANAGEMENT INFORMATION SUPPORT Dispatch, SYSTEMS. 1) Approve recommendation to give notice of the City's intent to Technology and withdraw as a member of the Metro Cities Fire Authority pending a Management comprehensive study to determine the feasibility of merging the Police Information Department and Fire and Marine Department Emergency Dispatch, Support Systems Technology and Management Information support systems; and 2) approve a RFP budget amendment (BA -038) reallocating existing funds and authorizing (38/40) staff to send out a Request for Proposals to conduct said study, in an amount not to exceed $75,000. 18. Removed at the request of Mayor Pro Tern Adams. • 521. APPOINTMENT TO THE ORANGE COUNTY COASTAL COALITION. Orange County Confirm Mayor Noyes' appointment of Council Member Ridgeway as the Coastal Coalition Volume 53 - Page 189 City of Newport Beach City Council Minutes February 8, 2000 • City's representative to the Orange County Coastal Coalition. Public Works Director Webb announced that the Bonita Canyon Park negative declaration had an error relative to the publication of the document. The hearing will not be conducted tonight, but is scheduled for March 8. He reported that they are preparing responses to comments and that those letters should be received prior to March 8. Motion by Mayor Pro Tem Adams to approve the Consent Calendar, except for those items removed (3, 4, 5, 11, 13 and 18) and continued (9). The motion carried by the following roll call vote: Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Debay ITEMS REMOVED FROM THE CONSENT CALENDAR ADOPTION OF RESOLUTION OPPOSING MEASURE F. Mayor Pro Tem Adams stated that this is an important Countywide vote that could affect the development of an airport at El Toro and proceeded to • read the resolution. Council Member Glover believed that the local newspaper, some residents, Supervisor Tom Wilson, and the proponents of the Millennium Plan are trying to convince the public that there is nothing to worry about relative to the John Wayne Airport (JWA) being expanded if El Toro does not happen. She noted that there will be a need for additional air passenger use in the County and, if El Toro is not built, they will naturally expand JWA. Mayor Pro Tem Adams stated that the two - thirds provision in Measure F would ensure that El Toro would not be built. And if El Toro is not built, he believed that getting a two - thirds vote to expand JWA five to fifteen years from now will be one of the easiest things to do since the County will be suffering from a lack of air service and the economy will be suffering. He indicated that the cities that are directly in the JWA corridor (Newport Beach, Costa Mesa, and Tustin) will easily be outvoted by the remainder of the County to expand JWA. Motion by Council Member Ridgeway to adopt Resolution No. 2000 -14. Mayor Noyes stated that these types of initiatives are not in the best interest of the County and believed that the decisions are made based on prejudice, self interest, and propaganda. The motion carried by the following roll call vote: • Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Volume 53 - Page 190 INDEX Res 2000 -14 Measure F (54) 17J City of Newport Beach City Council Minutes February 8, 2000 Abstain: None Absent: Thomson, Debay 4. BANKRUPTCY RECOVERY. Council Member O'Neil stated that this issue was brought forward at the Transportation Corridor meeting last week. He reported that Supervisor Todd Spitzer indicated that this type of resolution waives and releases any claims to any additional funds that may be discovered. He believed it would not be in the City's best interest to waive any rights in order to receive the fair share. Council Member Ridgeway reported that the City's loss was $17.3 million and the recovery will be 94 percent of that amount. Administrative Services Director Danner confirmed that the City is required to sign a release for any additional money that may be found. He stated that the City has been encouraged by Orange County Investment Pool (OCIP) Counsel Patrick Shea to sign the document in order to receive the proceeds. It is his opinion that it is unlikely that any additional funds will be found since it has been five years since the bankruptcy and the County's auditors have been through the books. He reported that the funds will be available on February 24. • Indicating that he is satisfied that this has been reviewed by the bankruptcy counsel, Council Member O'Neil moved to adopt Resolution No. 2000 -15 appointing the Administrative Services Director as the designated person from the City to receive all bankruptcy proceeds and adopt the Settlement Agreement between the County, Pool Committee, and each Option A participant. The motion carried by the following roll call vote Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Debay 5. PROPOSED AMENDMENTS TO SECTION 6.040.090 OF THE NBMC (GARBAGE AND REFUSE CONTAINER REQUIREMENTS). General Services Director Niederhaus reported that about 11 percent of the population has containers that do not meet the new requirements. He stated that a public outreach program has been set up which will notify the residents that they have until September 1 to change out the nonconforming containers; and provide them with the store locations where they can purchase the proper containers. He provided an overview of the new requirements and indicated that, even though they have the authority to cite and fine residents, they always find them cooperative. • In response to Council Member Glover's questions, Mr. Niederhaus reported that the City services 26,320 units, and that 1,743 are affected by the Volume 53 - Page 191 INDEX Res 2000 -15 Bankruptcy Recovery (40) Ord 2000 -1 Garbage & Refuse Containers (44) • • C J City of Newport Beach City Council Minutes February 8, 2000 ordinance. He reiterated that the residents always tend to cooperate with the refuse department and that the refuse department expects there will be compliance prior to September. He reported that the containers can cost between $8 to $17 each, with each unit using two to three containers. He stated that they have contacted the local hardware stores relative to the container change and that the stores will also have flyers that outline the new requirements. Motion by Council Member Glover to adopt Ordinance No. 2000 -1. The motion carried by the following roll call vote Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Debay 11. PLANNING ANALYSIS OF THE "PROTECTION FROM TRAFFIC AND DENSITY" INITIATIVE. Assistant City Manager Wood noted that the Protection from Traffic and Density initiative (Greenlight initiative) will be on the November ballot. She stated that the initiative is a very complex piece of potential legislation and the impacts on future development are unclear. Additionally, because of its retrospective nature to look back at General Plan Amendments (GPA) from the past 10 years, a fair amount of research needs to be done to gain that understanding. She indicated that the City does not have the staffing to do the analysis in -house and is proposing to contract with John Douglas of The Planning Center. She reported that Mr. Douglas is a former City employee and that the advantages of him conducting the analysis is that he worked on some of the GPAs and knows the City's system and General Plan. She noted that Council Policy requires Council approval whenever it is proposed to retain the services of a former employee. In response to Council Member Glover's questions, Ms. Wood reported that Mr. Douglas will be contracted to review all of the GPAs that have been approved in the last 10 years by statistical area and will track the amount of square footage, number of residential units approved, and the amount of traffic generated by those developments. The City will then know what the future impacts will be for each statistical area, i.e. the amount of capacity that remains in each area before another GPA would require a vote of the people. Ms. Wood stated that this information is needed in order to understand what the City is dealing with and to respond to property owner questions. Believing that this is the beginning point, Council Member Glover stated that the long term economic impacts, the number of elections, and the election costs will need to be determined in order to properly inform the residents of the initiative's implications. Mayor Pro Tem Adams requested that the following questions also be answered: how many elections will the City need to hold; what will the cost be to the taxpayers to hold the elections; what is the expected cost for administrating the change to the City charter; Volume 53 - Page 192 INDEX C -3328 BA -037 Planning Analysis of Initiative (38/40/68) • City of Newport Beach City Council Minutes February S, 2000 INDEX and does the initiative cover large and small development proposals that do not require GPAs. Motion by Council Member Ridgeway to approve a budget amendment (BA -037) in the amount of $11,500 and authorize the City Manager to retain the services of a firm employing a former City employee, and to execute a professional services agreement with The Planning Center for the preparation of a planning analysis of the initiative. Allan Beek, 2007 Highland, believed that Council is opposed to the Greenlight initiative and hopes it fails. Further, that the money might be regarded as a campaign expenditure to try to produce something to be used against the initiative. He stated that an easy way to avoid this appearance of evil is to put off this study until after the election. Mr. Beek stated that the answers to the three concerns are already in hand. Regarding staffing, he believed that there will be a trivial amount of extra time involved and that the GPA reports will, thereafter, have to show the increase in peak hour trips, square feet, and dwelling units. He believed that this data should already be included in the staff report. He indicated that staff reports are good at telling what the situation will be after adoption, but does not report on what the situation was before adoption. Regarding how many elections the initiative would cause to be held, Mr. Beek indicated that they have analyzed this and posted the information • on their website. He reported that they analyzed the 55 GPAs that were made over the last 11 years and that there were about 2,000 projects a year. Of those 2,000 projects, about 5 projects required CPAs and, of those 5 projects, only 1 was major enough to call for a vote under the Greenlight initiative. He indicated that he gave his analysis to the Economic Development Committee and the Planning Department so they could check it and find any errors, and so far no one has offered any corrections. He stated that they welcome the production of information, but that it does not take $11,500 to do this. Regarding determining what the initiative means to the economic development and future of the City, Mr. Beek expressed the opinion that the analysis is an inappropriate thing to be spending money on. He stated that, when a GPA comes up, its impact on the economic future of the City is one of the things that is taken into consideration. He indicated that it might be necessary to look at some of the past GPAs and clarify what was done only when a new GPA comes up. Phil Arst, 2601 Lighthouse Lane, stated that he supports any and all analysis of the work they did in formulating the Greenlight initiative so that the public may form an opinion for themselves. He noted that major builders have seen the data and believed that, if The Irvine Company found serious flaws, they would not have withdrawn their project. Mr. Arst asked if Council is the initiative opponent since Council is interjecting into a separate political process by subsidizing work that more properly should be done by their commercial opponents. He stated that they is strongly object to the City using taxpayer dollars for an analysis. However, if Council does award this contract, they should then award an equal amount to the proponents. Referencing Agenda Item 15 on the January 11 agenda, Volume 53 - Page 193 City of Newport Beach City Council Minutes February 8, 2000 • he expressed the opinion that this is the second time Council has interjected itself into the process. He stated that, if there was something wrong with the initiative, their opponents will bring lawsuits against it and that the City does not need to be involved. Mr. Arst requested that Council leave this political study to their opponents since this information is not needed until after the election. He announced that information regarding the Greenlight initiative can be accessed at www.newportgreenbght.com. Mayor Noyes stated that Council works for the citizens of Newport Beach and that their goal is to educate the citizens. He noted that doing the analysis after the election has been conducted is not right because that would mean that the citizens would find out what they voted on after they have already voted. City Attorney Burnham stated that Council can and has the obligation to educate its citizens on any ballot measure. He indicated that it is his understanding that this agenda item was something that was suggested by Mr. Beek a few months ago after his GPA analysis. Mr. Beek suggested that the City check his work, determine what prior GPAs might have been subject to the initiative, and determine the affects of prior GPAs in terms of the aggregation provision. He believed that this is precisely what Mr. Beek asked the City to do and added that the study is completely legal. • In keeping the analysis in line with Mr. Beek's request, Mayor Pro Tem Adams withdrew his suggested additions to the study. Council Member Glover stated that Council's responsibilities are to every resident in the City and that they will live with whatever decision the voters make. Further, it is also Council's responsibility to inform the citizens on what the initiative will do to their quality of life. She stated that Council will be remiss in their responsibility if they do not get information to the citizens. Jennifer Frutig, 1715 Marlin Way, stated that she was surprised to read in the Daily Pilot about how the initiative would handcuff Council and eliminate the review process, believing that giving voters oversight over major amendments would not handcuff Council. Regarding the independent analysis, Dr. Frutig pointed out that the cost was one of the reasons Council did not want to hold a special election and noted that Council did not feel the initiative would pass anyway. However, Council is now willing to spend $11,500 on an independent analysis whose data could easily be manipulated. Mayor Noyes clarified that the reason Council did not hold a special election for the initiative was because they wanted time for the public to be well educated on the subject and not have it rushed. Council Member Ridgeway emphasized that everyone is working towards the same goal of determining a vision of what the City is all about. He indicated • that Council is trying to create solutions and noted that Council made a motion for a GPA, Land Use update, and Circulation update that will have a vision. He expressed the opinion that doing this is more important and will Volume 53 - Page 194 INDEX • is C City of Newport Beach City Council Minutes February 8, 2000 also allow the City to revisit fair share fees and transient occupancy tax fees. He reported that there is a project near the airport that would only pay the City $1 million, but would pay $6 million if it were in Irvine. He believed that $11,500 is money well-spent to evaluate if the City is losing $5 million and to create solutions. Mayor Noyes emphasized that Council is not the opponent and noted that Council makes daily decisions based on the same things Greenlight is talking about. Mayor Pro Tem Adams stated that he is an opponent of the initiative, but is a proponent of stopping too much traffic in the City. He clarified that The Irvine Company did not back out from their project because of the initiative. The Irvine Company knew it did not have enough votes because Council cares enough about the City to keep traffic from growing too much. The motion carried by the following roll call vote: Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Debay 13. ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATIONS REGARDING SIGNAGE. In response to Council Member Glover's questions, Assistant City Manager Wood stated that one of the Economic Development Committee's (EDC) focus was on image enhancement, specifically signage. She indicated that EDC is recommending that Council include funding for a comprehensive review of the commercial sign code and development of a coordinated Citywide signage program in next year's capital budget. She reported that the cost would be similar to the Balboa Peninsula signage program ($50,000), but that an actual estimate will be conducted if Council wants to include it in the budget. Regarding simple coordinated signs, Ms. Wood indicated that the idea is to replace some of the existing signs with new ones and reduce the number of signs throughout the City. This would simplify and clean -up the entire look. Mayor Pro Tem Adams expressed his support, believing that this is the direction the City should be headed. Don Glasgow, 2620 East Coast Highway, business owner, Chairman of the Corona del Mar Business Improvement District, member of the Economic Development Committee, stated that the recommendation is a way to get started on a sign program. He reported that the current signage ordinances are cumbersome and old, and that time is needed to figure out where the City wants to go, where it should be, and how it wants to look. He stated that everyone in the community agrees that the City has a sign problem. Motion by Council Member Ridgeway to direct staff to include the following two projects in the 2000 -01 Capital Budget: 1) comprehensive review of commercial sign code; and 2) development of simple, coordinated Volume 53 - Page 195 INDEX Economic Development Committee/ Signage (68) City of Newport Beach City Council Minutes February 8, 2000 • public and visitor signage throughout the City of Newport Beach. Council Member Glover believed that the City needs better sign restrictions. She indicated that Mariner's Mile will be coming to the City with a sign program that was put together by the businesses in which they discipline themselves. The motion carried by the following roll call vote Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Debay is. APPEAL OF PARKS, BEACHES AND RECREATION COMMISSION DECISION. Mayor Pro Tem Adams stated that he tries to oppose tree removals; however, in this case, the City needs to remove two parkway trees to preserve the sight lines to a stop sign that is in a school area. He noted that he would love to see the trees remain, but believed this is one case in which the City cannot compromise safety and the safety of school children. Motion by Mayor Pro Tern Adams to 1) overturn the decision of the • Parks, Beaches and Recreation Commission of 2/1/2000 to continue a tree removal request by the Traffic Engineer; and 2) approve the removal of two city parkway trees located at Eastbluff Drive and Vista del Oro. The motion carried by the following roll call vote Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Debay PUBLIC COMMENTS — None. 19. COAST HIGHWAY RELINQUISHMENT IN CORONA DEL MAR. City Manager Bludau cautioned Council that this would be difficult to back out of once the City secures a legislator to sponsor legislation for the relinquishment without losing favor of that legislator. He believed that the process should begin but just wanted to make Council aware that relinquishment from Caltrans is an unusual process to undertake. Public Works Director Webb stated that the City and the Corona del Mar Business Improvement District (CdM BID) have had many meetings with • Caltrans. He reported that it is Caltrans District 12's preference that the City request a relinquishment for either all of Coast Highway or the portion from the easterly City limits to Newport Boulevard, and not just a small Volume 53 - Page 196 INDEX Tree Removal/ Eastbluff Drive and Vista del Oro (62) Coast Highway Relinquishment (74) • City of Newport Beach City Council Minutes February 8, 2000 INDEX piece. He indicated that Corona del Mar may have some differences in which a case can be built that the section through the business district is different from the roadway on either side. Mr. Webb reported that it is Caltrans' policy that local agency relinquishment requests be done through the legislature. As part of a relinquishment, Caltrans agrees to bring the roadway section up to a state of good repair (having a ten year life). He reported that Caltrans has recently done a major overlay and reconstruction project, so there may or may not be the ability to receive large sums of money for improvements. He indicated that negotiations will still be needed after the legislative process to define "state of good repair ". Mr. Webb reported that the relinquishment will be good for the Corona del Mar area because everything requires a Caltrans permit that is currently done to the storefronts of the entire right -of -way. If the City were controlling that area, the permit process would hopefully be quicker. He stated that Caltrans does not allow certain activities, like sidewalk sales or outside dining; and are reluctant to allow extensive improvements in median landscaping and paving. The community indicated that they would like the ability to conduct upgrades that are not normally allowed by Caltrans. Council Member O'Neil reported that there is a phenomenon in old Corona del Mar in which both the business and residential communities are in total • agreement on one thing, and that this motivates him to do whatever he can to support it. He believed that, if the City accomplishes the relinquishment, it will create a lot of landscaping possibilities, a more village -like character, a more pedestrian - friendly area, and more parking opportunities. He noted that the CdM BID has been working on this and will continue to work on this, and has looked at the maintenance issues and liability exposure. Motion by Council Member O'Neil to propose a relinquishment to Caltrans of the one mile stretch through the Corona del Mar business district; authorize the Corona del Mar Business Improvement District representatives to meet with Caltrans officials and staff to discuss all the issues (i.e. long term maintenance and liability) and come back to Council with their findings; Council reserves the right to secure legislator to sponsor legislation to accomplish the relinquishment; and direct staff to negotiate with Caltrans a "state of good repair" settlement. Don Glasgow, 2620 East Coast Highway, business owner, Chairman of the Corona del Mar Business Improvement District, stated that he has been working with some incredible volunteers on this project for about three years. He stated that the CdM BID hopes to move ahead with the relinquishment at the same time their Corona del Mar plans move ahead, so that momentum is not lost. He emphasized that they do have momentum, cohesiveness, and ideas for the area. He reported that they need to get Caltrans out of the way if they want to add more trees, improve pedestrian circulation, improve parking management, add more medians, fix sidewalks, • add more landscaping and paving, add street enhancements, add more and better park benches, add bike racks and water fountains, improve building facades, improve signage, clean up alleys, improve lighting, add more Volume 53 - Page 197 City of Newport Beach City Council Minutes February 8, 2000 • planter boxes and flower pots, add hanging plants, add more decorations, and add more monuments at the City's entrance. He emphasized that they need to deal with one agency, the City, and then they can work with the City to figure out how to get everything done to make Corona del Mar one of the most special places in Southern California. Mr. Glasgow stated that they understand that things cost money but that they are getting creative and researching funding sources. Council Member Ridgeway applauded the CdM BID on all their goals, but cautioned them of the downsides to relinquishment (long term maintenance costs after ten years and the liability risks). He stated that Council needs to evaluate the cost and tort risks to the City prior to proceeding forward. Council Member Glover stated that there will be a cost to the City because it will be handling all the lawsuits that occur there, but noted that the City always ends up being one of the parties affected anyway. She pointed out that, although the cost will be spread throughout the City, this is a real positive thing for the City. She indicated that the City needs to concentrate on improving all the older areas and agreed with Mr. Glasgow that Corona del Mar can be taken to another level. The motion carried by the following roll call vote: Ayes: • Noes: Abstain: Absent: 20. BALBO Glover, Adams, Ridgeway, O'Neil, Mayor Noyes None None Thomson, Debay A PENINSULA PARKING MANAGEMENT PLAN Council Member Ridgeway reported that this item has been reviewed both by Council and by Promote Revitalization of Our Peninsula (PROP). Tom Hyans, President of the Central Newport Beach Community Association, stated that they have done considerable work with Council Member Ridgeway on the peninsula parking plan and that this plan deals entirely with commercial areas. He believed that the determination of what will work best for the businesses is for the businesses to explore and that options can be tried at relatively little expense to the City. Regarding residential areas, the Association does not feel there should be meters in these areas. Additionally, they are also not supportive of higher fees or raising the parking permit program in the residential areas. Mr. Hyans indicated that he reviewed the Balboa Inn plans but expressed concern relative to parking buses near this business. Council Member Ridgeway reported that the Balboa Parking lot will be reviewed at a later date. Regarding Option 4 (Implement Business Parking Permit Program), he indicated that the City will be watching very closely as to whether businesses impact residential areas. • Motion by Council Member Ridgeway to approve the following options and direct staff to implement as soon as possible: Volume 53 - Page 198 INDEX Balboa Peninsula Parking Management (85) City of Newport Beach City Council Minutes February 8, 2000 • Option 1 - Increase Meter Fees Option 2 - Modify Meter Time Limits Option 5 - Create Visitor Parking Guide Option 9 - Implement Bus Layover Area Option 15 - Improve Red Curb and Intersection Visibility Option 16 - Develop Pier Lot Validation Program Option 17 - Implement Electronic Meter Pilot Program The motion carried by the following roll call vote: Ayes: Glover, Adams, Ridgeway, O'Neil, Mayor Noyes Noes: None Abstain: None Absent: Thomson, Debay MOTION FOR RECONSIDERATION - None. - 8:35 p.m. +, rttt *xtr+rtr *k *r * +t * + + +w *tt +x *ttt The agenda for the Regular Meeting was posted on February 2, 2000, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the • Regular Meeting was posted on February 4, 2000, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary - At� May r Volume 53 - Page 199 INDEX