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HomeMy WebLinkAbout01/22/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 22, 2002 - 7:00 p.m. — 4:00 p.m. — 6:00 p.m. ■wxxxa• +x : *+t•r••x•• A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member Proctor. E. INVOCATION — Very Reverend Canon David C. Anderson, Saint James Episcopal Church. F. Mayor Ridgeway presented a proclamation for Hoag Memorial Hospital to Michael Stevens, President & CEO, for their generosity and professional assistance in making the hospital conference center available for the Vision Festival. The proclamation further recognized Hoag as a valued and important community institution whose presence contributes greatly to the quality of life in Newport Beach. Mr. Stevens, on behalf of the Board of Directors and the health service providers, acknowledged Hoag's appreciation for the recognition. He stated that it was their pleasure to make the facility available. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Heffernan announced that the approval process is beginning for three new church facilities in the City. He stated that the Latter -Day Saints Mormon Church on Bonita Canyon Drive would be erecting a crane from January 28�h to February 1st to show the height of a steeple at the proposed temple. He stated that the steeple will require a use permit from the City. • Council Member Heffernan stated that there seem to be items on the Volume 54 - Page 675 INDEX City of Newport Beach City Council Minutes January 22, 2002 Consent Calendar that should be listed on the agenda for public discussion. He suggested that he, the Mayor and the City Manager meet to discuss the issue. Council Member Heffernan, as chairman of the Telecommunications Committee, stated that the contracts with Adelphia and Cox are being renewed. He requested that the City Attorney provide an opinion as to what the City's rights are in regards to cable contracts. Mayor Pro Tem Bromberg stated that the City Council discussed three new parks in the City during the Study Session held earlier in the day. He requested that an issue brought up by Dr. Jan Vandersloot, the zoning issue at Newport Village site and the possible requirement of a general plan amendment, be looked at by staff. He requested that the information be provided at the City Council meeting of February 12, 2002. • Council Member Glover asked to be excused from attending the City Council meeting of February 12, 2002. • Council Member Glover requested that staff provide a report to the City Council on how $5 million could be spent over a five -year period to improve the water quality in the harbor and the bay. She noted that she understands there are problems upstream, but that the citizens expect good water quality in Newport Beach. • Council Member Adams requested that staff provide a report to the City Council on the state of traffic signal synchronization on the major arterials in the City. He added that he'd like the report to include locations on where synchronization is being utilized and where it isn't. • Council Member Heffernan expressed his support of Council Member Glover's request that the City address the issue of water quality in the harbor and the bay. • Mayor Ridgeway suggested that the report include a presentation by a medical professional, as was done at a Harbor Committee meeting. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JANUARY 8, 2002. Waive reading of subject minutes, approve as written and order filed. INDEX 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. ORDINANCES FOR INTRODUCTION 3. ESTABLISH SPEED LIMITS ON STREETS THAT WERE Volume 54 - Page 676 I Ord 2002 -4 City of Newport Beach City Council Minutes January 22, 2002 INDEX 11. Item removed from the Consent Calendar by Council Member Volume 54 - Page 677 RECENTLY ANNEXED BY THE CITY OF NEWPORT BEACH. Speed Limits Introduce Ordinance No. 2002.4 amending Chapter 12.24 (Special Speed (85) Zones) of the NBMC to add streets recently relinquished to or annexed by the City of Newport Beach. 4. Item removed from the Consent Calendar by a member of the audience. ORDINANCES FOR ADOPTION 5. Item removed from the Consent Calendar by Council Member Adams. 6. DESIGN STANDARDS FOR MOBILE HOMES ON INDIVIDUAL Ord 2002 -2/ LOTS (PA 2001 -223) — AMENDMENT TO CHAPTER 20.60 (SITE PA 2001 -223/ REGULATIONS) TO ESTABLISH DESIGN STANDARDS FOR CA 2001 -005/ MOBILE HOMES ON INDIVIDUAL LOTS. Adopt Ordinance Mobile Home/Design No. 2002 -2 approving Code Amendment No. CA 2001 -005. Standards (68) 7. CAMCO PACIFIC CONSTRUCTION COMPANY (PA2001 -157) — Ord 2002 -3/ 1811 QUAIL STREET — A REQUEST FOR A GENERAL PLAN GPA 2001 -004/ AMENDMENT AND PLANNED COMMUNITY DEVELOPMENT PA 2001 -157/ TEXT AMENDMENT TO INCREASE THE DEVELOPMENT Planned Community ALLOCATION WITHIN THE AIRPORT AREA 2 -7 (STATISTICAL Development Text AREA L-4), NEWPORT PLACE PLANNED COMMUNITY BLOCK G Amend. 2001 -002/ & H, WHICH WOULD PERMIT A 1,590 NET SQUARE FOOT Cameo Pacific ADDITION TO AN EXISTING OFFICE BUILDING LOCATED AT Construction Cod 1811 QUAIL STREET. Adopt Ordinance No. 2002 -3. 1811 Quail St (45) RESOLUTIONS FOR ADOPTION 8. RESOLUTION UPDATING THE LIST OF DESIGNATED Res 2002 -8 EMPLOYEES FOR 2002 UNDER THE CITY S CONFLICT OF Designated INTEREST CODE. Adopt Resolution No. 2002 -8 adopting the 2002 Employees /Conflict Designated Employees List. of Interest (66) 9. RESOLUTION CHANGING THE NAME OF THE HARBOR Res 2002 -9 QUALITY CITIZENS ADVISORY COMMITTEE (CAC) TO THE Harbor Quality COASTALIBAY WATER QUALITY CITIZENS ADVISORY Advisory Cmte/ COMMITTEE. Adopt Resolution No. 2002 -9 changing the name of the Coastal/Bay Harbor Quality Citizens Advisory Committee to the "Coastal/Bay Water Water Quality Quality Citizens Advisory Committee ". Advisory Crate (24) 10. RESOLUTION IN SUPPORT OF PROPOSITION 40 (PARKS Res 2002 -10 BOND); ADOPTION OF 2002 LEGISLATIVE PLATFORM AND Res 2002 -11 RELATED RESOLUTION. 1) Adopt Resolution No. 2002 -10 in support Proposition 40/ of Proposition 40 (Parks Bond) on the March 5, 2002 Primary Election Parks Bond/ ballot; and 2) adopt Resolution No. 2002 -11 confirming the City's Legislative Legislative Platform for 2002 and authorizing the Mayor to issue letters Platform consistent with the Platform. (48/62) 11. Item removed from the Consent Calendar by Council Member Volume 54 - Page 677 City of Newport Beach City Council Minutes January 22, 2002 INDEX Volume 54 - Page 678 Proctor. 12. Item removed from the Consent Calendar by Council Member Proctor. 13. RESOLUTION ACCEPTING AN IRREVOCABLE OFFER TO Res 2002 -14 DEDICATE A PUBLIC ACCESS EASEMENT AT 2800 LAFAYETTE Public Access AVENUE. Adopt Resolution No. 2002 -14 relating to the City's acceptance Easement/ of an irrevocable offer to dedicate a public access easement at 2800 2800 Lafayette Lafayette Avenue. (90) CONTRACTS AND AGREEMENTS 14. 2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS (C -3420) - C -3420 COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize 2000 -2001 the City Clerk to file a Notice of Completion; 3) authorize the City Clerk Balboa Island to release the Labor and Materials bond 35 days after the Notice of Bayfront Repairs Completion has been recorded in accordance with applicable portions of (38) the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 15. FORD ROAD REHABILITATION - JAMBOREE ROAD TO C -3407 MACARTHUR BOULEVARD (C -3407) - COMPLETION AND Ford Road ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Rehabilitation Notice of Completion; 3) authorize the City Clerk to release the Labor and (38) Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 16. 16th STREET, MARGUERITE AVENUE, SHORECLIFF ROAD, AND C -3393 CORONA DEL MAR LIBRARY PARKING LOT REHABILITATION 16th St, Marguerite, (C -3393) - COMPLETION AND ACCEPTANCE. 1) Accept the work; Shorecliff Rd, and 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the CdM Library City Clerk to release the Labor and Materials bond 35 days after the Parking Lot Notice of Completion has been recorded in accordance with applicable Rehabilitation portions of the Civil Code; and 4) release the Faithful Performance Bond (38) one (1) year after Council acceptance. 17. TRAFFIC SIGNAL INSTALLATIONS AND UPGRADES 2001 -2002 C -3419 (C -3419) - COMPLETION AND ACCEPTANCE. 1) Accept the work; Traffic Signal 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the Installations and City Clerk to release the Labor and Materials bond 35 days after the Upgrades Notice of Completion has been recorded in accordance with applicable (38) portions of the Civil Code; and 4) release the Faithful Performance Band one (1) year after Council acceptance. 18. BALBOA ISLAND BRIDGE BEAUTIFICATION - AWARD OF C -3375 CONTRACT (C- 3375). 1) Approve the plans and specifications; 2) award Balboa Island the contract to Pima Corporation for the total base bid amount of Bridge $303,300 and authorize the Mayor and the City Clerk to execute the Beautification contract; and 3) establish an amount of $21,200 to cover the cost of testing (38) and unforeseen work. Volume 54 - Page 678 City of Newport Beach City Council Minutes January 22, 2002 INDEX 19. MARINERS VILLAGE IMPROVEMENT PLAN — APPROVAL OF A C -3507 PROFESSIONAL SERVICES AGREEMENT WITH METROPOINTE Mariners ENGINEERS. 1) Approve Phase I of the Professional Services Village Agreement with MetroPointe Engineers of Costa Mesa for Engineering Improvement Plan Design Services in the Mariner's Village area at a contract price of (38) $144,044 for Phase I of the project; and 2) authorize the Public Works Director to proceed with Phase I of the design improvements to Coast Highway at a cost of $144,044. Prior to the Consent Calendar vote being taken, Council Member Adams asked if the limits for professional liability insurance on the contract were consistent with other professional liability contracts and if $1 million was enough. Public Works Director Badum stated that $1 million is consistent with what is being done by most agencies in Orange County and the State, and it is felt that the limit is appropriate. City Attorney Burnham added that the City has required higher limits on other projects and that a case -by -case assessment is done. 20. Item removed from the Consent Calendar by Council Member Heffernan. Prior to the item being removed by Council Member Heffernan, Council Member Proctor asked if the failure by the contractor and the resulting surety takeover would cause the City to have to address any issues of litigation due to enhanced costs. City Attorney Burnham stated that Assistant City Attorney Clauson is handling the matter, but he understands that the recommended action would resolve the issue. 21. DEDICATION OF EASEMENTS TO THE EDISON COMPANY IN Dedication of ORDER TO UNDERGROUND OVERHEAD LINES IN RULE 20A Easements/ UNDERGROUND DISTRICT NO. 15 (NEWPORT BOULEVARD Underground FROM 19TH STREET TO 31sT STREET AND MCFADDEN SQUARE District 15/ AREA). 1) Dedicate easements to the Edison Company for the Newport Blvd undergrounding of overhead utilities; and 2) authorize the Mayor and the (89/90) City Clerk to execute the easements using a notary. 22. VESSEL MOORING AGREEMENT BETWEEN THE CITY OF C -3508 NEWPORT BEACH AND SAILING FASCINATION TO BERTH AT Vessel Mooring/ THE BALBOA YACHT BASIN. Authorize the Mayor to execute a Balboa Yacht Vessel Mooring Agreement between the City of Newport Beach and Basin Sailing Fascination, a California Public Benefit Corporation. (38) 23. HEALTH SERVICES AGREEMENT. Authorize the Mayor to execute C -3509 an agreement with the County of Orange to continue to provide Environmental environmental health services for the City of Newport Beach. Health Svcs (38) 24. CONTRACT APPROVAL AND BUDGET AMENDMENT RELATING BA -027 TO THE CITY S HIRING OF A CONSULTANT TO COMPLETE A C -3510 TELECOMMUNICATIONS COMMUNITY NEEDS ASSESSMENT. Telecommunications 1) Authorize the Mayor to enter into a contract with The Buske Group to Community Needs complete a Community Needs Assessment for telecommunications Assessment Volume 54 - Page 679 City of Newport Beach City Council Minutes January 22, 2002 services; and 2) approve a budget amendment (BA -027) for $34,870 (unencumbered general fund reserves). S27. RESOLUTION SUPPORTING A GRANT REQUEST FOR THE BIG CANYON RESTORATION SCOPING PROJECT; EXPRESSION OF THE CITY S INTENT TO MATCH A GRANT AWARD WITH $96,700 FROM THE TIDELANDS MITIGATIONS DEPOSIT ACCOUNT. 1) Adopt Resolution No. 2002 -15 stating the City's support for a grant request to the State Coastal Conservancy for a Restoration Scoping Project in Big Canyon to be conducted by Community Conservancy International (CCI); and 2) pending grant approval, express the City Council's intent to appropriate approximately $96,700 in the Upper Newport Bay Mitigations Deposit account to match approximately $300,000 in grant funds for the Project if the grant is received by January 22, 2003. Prior to the Consent Calendar vote being taken, Mayor Ridgeway thanked Esther Feldman from CCI, Terry Stewart and Brian Shelton from the State Fish & Game, and Jack Keating of the Newport Bay Naturalists and Friends for their support of the project. Motion by Mayor Pro Tern Bromberg to approve the Consent Calendar, except for those items removed (4, 5, 11, 12 and 20). The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR INDEX 4. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE ALLOWING THE CITY COUNCIL TO WAIVE THE COLLECTION OF CERTAIN SOLID WASTE FRANCHISE FEES. Dolores Otting stated that she didn't have a problem with the item itself, but she did have a problem with some of the background information that was provided in the staff report. Ms. Otting explained that the franchise fee that the City collects from the commercial haulers is supposed to go towards recycling and trash related issues, as required by AB939. She stated that the staff report states that the money will go towards environmental insurance premiums, administrative work, and road and alley repairs associated with the franchise operations. Ms. Otting questioned the legality of such expenditures. She stated that she wasn't able to bring this up before, because she had a trash company. General Services Director Niederhaus stated that the City is capped at 16% on the franchise fees. He stated that part of the money is set aside in several banks, including an environmental liability fund and a reserve Volume 54 - Page 680 (38140) Res 2002 -15 Grant Request for Big Canyon Restoration Scoping Project (51) Ord 2002 -5 Solid Waste Franchise Fees (44) City of Newport Beach City Council Minutes January 22, 2002 fund, and the remainder of the money is used for repairs and recycling. In response to Mayor Ridgeway's question, General Services Director Niederhaus stated that the City is within its legal jurisdiction. City Manager Bludau stated that it would be looked at again. Motion by Council Member O'Neil to introduce Ordinance No. 2002 -5 amending Section 12.63.140 of Title 12 of the NBMC and pass to second reading on February 12, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None 5. COUNCILMANIC REDISTRICTING. Council Member Adams suggested that the ordinance be reintroduced for a first reading with a different recommendation. He stated that he opposed the introduction of the ordinance at the City Council meeting of January 8, 2002. He explained that he opposed the modification to the Councilmanic District boundaries, as recommended by the Redistricting Committee, because it caused the populations in the districts to be unequal. He stated that the Committee looked at several options and he expressed his support for Alternative No. 3. Motion by Council Member Adams to reintroduce the ordinance with Alternative No. 3 replacing the Redistricting Committee recommendation. Council Member Glover stated that she could not support the motion. She explained that Alternative No. 3 hadn't been given enough consideration, that the Committee's recommendation should be supported and that due to the circumstances, it wasn't the time yet to make the boundary changes recommended in Alternative No. 3. Council Member Glover added that District 7 remains primarily a residential district with the recommended boundaries, requiring an equivalent workload for its City Council representative. Council Member Heffernan stated that he would support reintroducing the ordinance with Alternative No. 3 because the recommended alternative doesn't comply with the City Charter. He noted that Section 1005 of the City Charter states that district boundaries shall be established in such a manner that fair representation is provided. Council Member Heffernan stated that he was a part of the Redistricting Committee and that, when making their recommendation, it was presumed that Banning Ranch would be annexed into the City soon. He stated that he has since learned that this is not the case. Council Member Heffernan stated that by having such a disproportion in District 7, certain people will not be able to run for the City Council in November of 2002. Volume 54 - Page 681 INDEX Ord 2002 -1 Redistricting (33) City of Newport Beach City Council Minutes January 22, 2002 Mayor Pro Tern Bromberg stated that he also served on the Redistricting Committee, but didn't recall that the annexation of Banning Ranch was expected to happen soon. He stated that they did consider the annexations of Bay Knolls and Santa Ana Heights, and that redistricting would just need to be done again when those occurred. Mayor Pro Tern Bromberg added that the City also has an agreement with Newport Coast that they remain in one district initially, which would logically be District 7. In reference to the November election, Mayor Pro Tern Bromberg stated that any change in the boundary lines could affect certain people from running for the City Council. Council Member O'Neil stated that he supports equal population distribution among the districts, and also understands that the City has an agreement with Newport Coast. He stated that he could support Alternative No. 3 if he felt that there was more support for it on the City Council, since it more equally distributes the population and still complies with the agreement. Council Member O'Neil asked when the next redistricting is expected to happen. City Attorney Burnham stated that it could happen anytime after the November election, or prior to the election if the ordinance is in effect at least six months before to the election. Council Member Adams stated that he also considered making a motion that if the Committee recommendation were adopted, that language be added to the ordinance stating that the City Council would look at redistricting again after the annexations. He stated that he felt the redistricting was being done too close to the election, but the fairest thing would be to at least make an equitable division. Mayor Ridgeway stated that the City Attorney has confirmed that the recommended action is legal. He also stated that Council Member Heffernan's current constituents shouldn't lose his representation, which would happen to some if Alternative No. 3 were chosen. Mayor Ridgeway stated that there will be an inequity regardless of the alternative chosen. Council Member Heffernan asked how many people would be brought in with the proposed annexations. Assistant City Manager Kiff stated that the Bay Knolls community includes 300 residents and the Santa Ana Heights area is over 1,000. He added that the Newport Coast area has 7,000 residents, with a projection of 11,000 residents in the future. INDEX Mayor Pro Tem Bromberg asked how long the agreement with Newport Coast requires that they are a part of one district. City Attorney Burnham stated that the agreement only requires that they remain in a single district until after the first general municipal election. Dolores Otting stated that the agreement with Newport Coast shouldn't be used as an excuse. She added that she didn't think it was fair that she would have less representation in District 7 due to the disproportionate increase in the district's population. She stated that the recommended action is disenfranchising the citizens, and suggested that the issue be looked at further. Ms. Otting further added that due to what's happening with the economy, the City may not be able to afford to annex Bay Knolls Volume 54 - Page 682 City of Newport Beach City Council Minutes January 22, 2002 and Santa Ana Heights when desired. Mayor Pro Tem Bromberg reiterated that the written agreement with Newport Coast cannot be broken. Mayor Ridgeway added that he was on the negotiating committee with Newport Coast and stated that during the entire negotiating process, they would not agree to their area being split among districts. The motion failed by the following roll call vote Ayes: Heffernan, Adams Noes: O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Abstain: None Absent: None Motion by Council Member Proctor to adopt Ordinance No. 2002 -1, modifying Councilmanic Districts. The motion carried by the following roll call vote Ayes: O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: Heffernan, Adams Abstain: None Absent: None 11. REGENT NEWPORT BEACH (PA 2002 -005) - 1700 WEST BALBOA BOULEVARD (SUTHERLAND TALLA HOSPITALITY, APPLICANT) - INITIATION OF AN AMENDMENT TO THE LAND USE ELEMENT AND RECREATION AND OPEN SPACE ELEMENT OF THE GENERAL PLAN AND THE INITIATION OF A PLANNED COMMUNITY DEVELOPMENT PLAN TO ALLOW THE DEVELOPMENT OF A 147 -ROOM HOTEL RESORT COMPLEX. Assistant City Manager Wood stated that the Planning Commission discussed the item at their meeting of January 17, 2002, and recommends that the City Council initiate the general plan and zoning amendments. She stressed that the initiation does not approve the project, it only indicates consideration of the amendments and begins the formal review process. Mayor Ridgeway asked if the review process could be a part of the general plan update. Assistant City Manager Wood stated that it could, but added that the City has an agreement with Sutherland Talla Hospitality to decide whether to initiate the general plan amendment within 45 days of Sutherland Talla having submitted their project description to the City. Council Member Proctor asked what the timeframe would be to implement the review process concurrently with the general plan update rather than conducting it as a stand -alone study. Assistant City Manager Wood stated that as a stand -alone study, it would happen more quickly. She added that the general plan update is expected to take approximately Volume 54 - Page 683 _10113M Res 2002 -12 PA2002 -005/ GPI 2002 -001 PC 2002 -001 Regent Newport Beach/Sutherland Talla Hospitality/ 1700 W Balboa Blvd/ (45) City of Newport Beach City Council Minutes January 22, 2002 two to three years. Council Member Heffernan stated that the agreement with Sutherland Talla precedes some of those on the City Council, as it was done in November of 2000. He added that the item should not have been on the Consent Calendar because of its contentious nature. Additionally, Council Member Heffernan stated that the annual rent for the current mobile home park use totals $500,000. He stated that the developer, Sutherland Talla, earlier projected that the hotel could generate $1.7 million annually in transient occupancy tax, $92,000 in sales tax, $330,000 in property tax and $1.4 million for the ground lease. Council Member Heffernan stated that the project will require a vote of the people and noted that the general plan amendment would have to be approved by the City Council by July 23, 2002, for the item to be on the November 2002 ballot. Lastly, he asked for a schedule of when public comments could be heard on the project. Assistant City Manager Wood stated that the process would begin with the City issuing a Notice of Preparation for the Environmental Impact Report (EIR). She explained that this would initiate comments on what issues should be studied in the EIR, and that there would also be a 45 -day public review period once the draft EIR is released. Assistant City Manager Wood stated that once the comments are responded to, there would be public hearings at the Planning Commission and City Council levels. She also expected that study sessions would be scheduled. Council Member Heffernan stated that he understands that the project will include a 100- vehicle parking lot below the tennis courts. Mayor Pro Tem Bromberg asked for more information about the agreement with Sutherland Talla and their exclusive right to the development of the property. Assistant City Manager Wood stated that the term of the agreement is three years, with certain deadlines for each action by the applicant and the City. Council Member Glover expressed her surprise that underground parking on the peninsula was being considered. Mayor Ridgeway noted that even if the process for the project moved swiftly, it would be another year and could possibly be a part of the general plan update. INDEX Council Member Heffernan asked if it would be the developer's option or the City's option to make the project a part of the general plan update, and if the developer could ask for a special election. Assistant City Manager Wood confirmed that the developer could ask for a special election on the project per Council Policy A -18, Measure S Guidelines. She added that the City Council does owe the developer a decision on whether to initiate the general plan amendment. If it is decided by the City to make the project a part of the general plan update, then the appropriate action would be to not initiate the amendment. Council Member Heffernan stated that it wouldn't be fair to the developer to not perform the studies. Volume 54 - Page 684 City of Newport Beach City Council Minutes January 22, 2002 INDEX Council Member Adams stated that he had heard negative comments about the general plan update process as being a way to sneak in projects and increase development. Although he didn't feel that the comments were justified, he felt that it did provide a reason to consider the project separately. Council Member Glover requested that general plan amendments not be placed on the Consent Calendar. City Manager Bludau stated that it was placed on the Consent Calendar in error. John Cassidy, Newport Beach Conference & Visitors Bureau, stated that the Bureau endorses the continued evaluation of the project. He stated that the project will stimulate renovation and revitalization within the hospitality community, will create an interesting image for the City, will fill a competitive void by having an upscale hotel on the water and will contribute to the City's revenue. Mr. Cassidy stated that by allowing the evaluation on the project to continue, the contribution of the project can be determined. Tom Rossi, 1801 W. Bay, reported that he attended the Planning Commission meeting of January 17, 2002. He stated that the Planning Commission conducted detailed analysis and debate on three matters and everyone in the room was allowed to speak for as long as they wanted to. He stated, however, that when the item on the Sutherland Talla project came up, it was after 10:30 p.m. and speakers were told that they could only speak for one minute. Mr. Rossi stated that with a project of this magnitude that would affect residents, tourists, beachgoers, business owners and property owners, this was unfair and seriously questionable behavior. He stated that it showed a lack of concern and responsibility by the Planning Commission. Mr. Rossi encouraged the City Council to hold an honest and fair public hearing on the matter, and asked that the Planning Commission's actions be looked into. Tom Hyans, President of the Central Newport Beach Community Association ( CNBCA), stated that the 700 members of the CNBCA reside or own property on the peninsula and include the property where the proposed project is located. Mr. Hyans stated that the applicant was given a 60 -day extension by the City to perform the last incremental step, and requested that the City Council continue consideration of the project and take no action at the current meeting. He stated that the CNBCA supports the long -term extension of the leases with Marinapark and the American Legion. Mr. Hyans stated that if the leases are not extended, the CNBCA requests that the property be retained for public use. He added that the early results of the visioning process should also be presented, as well as a look at the entire park structure as discussed at the earlier Study Session, prior to proceeding with the Sutherland Talla project. In conclusion, Mr. Hyans suggested that the City Council presume that the property is not tidelands and allow the real alternatives to be presented. Jim Hildreth, 120 The Grand Canal, stated that he spent some time at Marinapark and feels that the residents should not be relocated. He Volume 54 - Page 685 City of Newport Beach City Council Minutes January 22, 2002 stated that it is a beautiful, peaceful community. Mr. Hildreth stated that outsiders won't care about the community like the Marinapark residents do and the hotel will also generate more traffic. He stated that the residents of Marinapark should not be penalized just so the City can make more money. Larry Porter, 1501 Westcliff Drive, suggested that the project be discussed properly with the citizens. He stated that this is the spirit of the visioning process that is leading up to the general plan update. Mr. Porter stated that the people want a fair and open discussion. He added that those on the peninsula are not in favor of the project. He suggested that the item be continued. Linda Ramage, a resident on the peninsula, stated that she was a girl scout as a child and is currently a troop leader for 32 2nd and 3�d grade girls. She stated that the girls are very concerned about losing their facility. She noted that troops from all over the country use the facility, that it is very popular and provides an opportunity for the girl scouts to experience the beach. Ms. Ramage stated her concern for the proposal as it provides no outdoor area for the girl scouts and combines it with a center that can be used by the community. She noted that the girl scouts can't use the American Legion facility due to the service of alcohol on the site. Mayor Ridgeway asked about correspondence received from the Girl Scouts endorsing the proposed project if it incorporated the current Girl Scout facility. Ms. Ramage stated that she has her personal reasons on why she doesn't want the development. She stated that the peninsula is unique and like living in a small town, and development should occur at Fashion Island or other more suitable places in the City. INDEX Stewart Berkshire, 1770 W. Balboa Blvd., representative of the Marinapark residents, stated that Marinapark residents represent reliable rental income to the City. He noted that their revenue is higher than the $500,000 mentioned earlier. He added that the residents offered to have their rents increased, several years ago, but their offer was never responded to, which has lost the City $1,000 per day for five years. Mr. Berkshire stated that the Marinapark residents are concerned and involved citizens of the City. He noted the tidelands study that they funded, which was endorsed by the City Council when presented to the State Lands Commission. He stated that Marinapark is a good investment for the City and that commercial activity should remain on the other side of the bay. Virginia Herberts, Balboa Peninsula Point Association, stated that they polled their members on the proposed project and a substantial majority are against it. Steven Sutherland, a partner in Sutherland Talla Hospitality, asked that the City Council initiate the process for the general plan amendment and stated that he wanted to address some of the issues brought up at the current meeting. Mr. Sutherland stated that he had a new girl scout Volume 54 - Page 686 City of Newport Beach City Council Minutes January 22, 2002 INDEX house planned from the beginning and has done everything he can to assure the girl scouts that their facility will be one that works for them. He noted a letter, dated July 2, 2001, from the Girl Scout Council of Orange County, which thanked Sutherland Talla for including the girl scout house in the project's plans and discussed some of their concerns. Mr. Sutherland stated that their concerns have since been addressed. He noted an illustration of the project displayed at the meeting. Mr. Sutherland stated that he intends to continue working with the girl scouts. Additionally, he noted that the American Legion facility is no longer included in the project. Mr. Sutherland stated that by initiating the amendment, it will allow additional information to be gathered on the project. He asked for the City Council's support. Mel Mann, 1219 West Bay, stated that the City is embarking on an ambitious vision plan. He stated that it makes no sense to permit a project, such as that proposed, to move forward prior to the vision plan being completed. Mayor Ridgeway asked how the baseline information on the project can be obtained without initiating the process, so that the studies can begin. Mr. Mann stated that the same question needs to be asked of the whole City. He stated that the project should be a part of the general plan update and noted that the residents on the peninsula are not in favor of the project. Council Member Proctor asked if initiating the amendment was the only way to get information on the project. City Attorney Burnham stated that the information wouldn't be obtained until environmental evaluations were conducted on the project. Council Member Heffernan asked if the Koll project went through the same process. City Attorney Burnham confirmed that the studies for the Koll project were done after the initiation of the general plan amendment, but prior to the City Council voting on the project. Rachelle Foster stated that she attended a meeting a couple months prior regarding the project. She stated that there were many questions at that meeting that couldn't be answered. She stated that there are many things yet to be considered, such as the feasibility of underground parking on the peninsula. Mayor Ridgeway asked if Ms. Foster understood that by initiating the general plan amendment, the questions could be answered. Ms. Foster stated that an evaluation is needed and should include what will happen to the residents at Marinapark. Samantha Smith, girl scout and Newport Elementary student, read from a letter that she had previously written to the City Council. The letter asked the City Council to not demolish the girl scout house. She stated that the proposed hotel will generate too much traffic, and will be placed next to a tennis court and across the street from an elementary school. She stated that the proposed hotel would also generate too much trash Volume 54 - Page 687 City of Newport Beach City Council Minutes January 22, 2002 INDEX and sewage. Ms. Smith stated that the girl scout house is used for many things. She stated that the future and the memories should be considered. Peter Smith stated that, in the future, it is the younger population that will judge the decisions being made today. Mr. Smith stated that the initiation is actually an amendment to the City's philosophy. He suggested that the type of progress being made with such a proposal should be considered. Rather than considering additional revenue, he stated that improving the quality of life for the residents in Newport Beach should be the type of progress considered. He stated that the peninsula needs more open space. He mentioned some of the other impacts of the project and suggested that the City Council consider more than money. Mayor Ridgeway stated that he attended a Newport Elementary class discussion on the proposed project and it was a 50/50 split among the children who supported the project and those who had concerns about the project. Julie Mattson stated that she speaks for many of the residents, and many of them do not want the project. She stated that bigger is not always better. Michele Roberge, Director of the Balboa Merchants & Owners Association, asked the City Council to initiate the general plan amendment process. She stated that it would help everyone to see the environmental impact report, and some additional facts and information. She stated that the issue needs to be looked at from all sides in an unemotional manner. Ms. Roberge recommended that the study be done. Steve Barnard stated that the general plan update committee has met since October 2000, and will continue to do so throughout the process. He added that the community visioning festival on January 12, 2002, was the next step in developing the general plan update and that the next step is the formation of the general plan advisory committee. Mr. Barnard stated that in light of the general plan update process, the item at the current meeting should be continued. Tom Aleevis, Girl Scout Council of Orange County, stated that the Council serves approximately 34,000 members and offers a quality program for girls between the ages of 5 and 17. Mr. Aleevis expressed the Council's desire for the City to continue to support their efforts. Christine Dabbs stated that she'd like to stay open minded on the project. She suggested that more studies be done and a decision on the project be made after the information is received. Craig Batley stated the issue at the current meeting is whether to initiate studies on the project. He stated that the studies might be able to answer many of the questions heard at the current meeting. He urged the City Council to move forward with the process. Volume 54 - Page 688 City of Newport Beach City Council Minutes January 22, 2002 INDEX Bob Koop, 116 41st Street, stated that there seem to be a lot of questions about the proposed development. He stated that the initiation of the amendment is a good idea. He stated that he'd like to see what the project is all about and if it will enhance the community. He stated that it isn't a large project and is worthy of consideration. Philip Arst, Greenlight spokesperson, stated that the studies would be useful, but not until the general plan update process is completed. He explained that it might be determined that the character and open space of the peninsula should be preserved and if the studies had already been done, Sutherland Talla's money would have been spent on a hypothetical situation. Mr. Arst stated that it is premature to move this project forward. He requested a moratorium on all general plan amendments until the general plan update process is completed. Mayor Ridgeway asked if Mr. Arst felt that the information from the study for the proposed project would be useful in the general plan update process. Mr. Arst stated that the general plan update process would look at the traffic and character of the peninsula and the City. He stated that the studies aren't needed to determine the vision for the City. Mr. Sutherland stated that he spoke earlier because he wanted to make it clear that he wants the girl scout facility to remain on the site. Additionally, he noted that the underground parking is half- basement parking and that the tennis courts will be elevated. He stated that civil engineers have been at the site for several months. He noted that skimmers, or underground vaults, would be installed and are designed to take in some of the initial rainfall, which removes a majority of the oil from the roadways before going into the storm drains. Council Member Heffernan asked Mr. Sutherland if he realized that the money spent to date is at risk and the money spent on the studies could be at risk, and that no commitments have been made by the City on the project. Mr. Sutherland stated that there has never been any guarantees. He stated that he didn't even know how the City Council would vote at the current meeting. In regards to Mr. Rossi's earlier comments, Assistant City Manager Wood stated that the Planning Commission has a policy to limit speakers' remarks to three minutes on all items. She stated that at the meeting of January 17, 2002, all speakers that wanted to speak were allowed to speak and no one was cut off. Mr. Rossi stated that at least one speaker spoke for more than three minutes on another agenda item. On the Sutherland Talla item, however, he stated that the speakers were limited to one minute. Mayor Ridgeway stated that the issue would be looked into. Mr. Barnard stated that he was one of the three speakers on the Sutherland Talla item at the Planning Commission meeting. He stated that Planning Commission Chairman Tucker did state that the speakers Volume 54 - Page 689 City of Newport Beach City Council Minutes January 22, 2002 were limited to one minute on that item. Council Member Proctor stated that he voted against putting the Koll project on the ballot because he felt that there wasn't enough information to take it to the voters. He stated that the action before the City Council at the current meeting is to obtain more information. He stated that he has not come to a decision on the project yet, because there isn't enough information. He stated that it would be inappropriate and irresponsible of the City to not obtain the information. Motion by Council Member Proctor to adopt Resolution No. 2002.12 initiating General Plan Amendment (GPI 2002 -001) and Planned Community Development Plan (PC 2002 -001). Council Member Heffernan stated that it is fair to allow Sutherland Tails. to develop the studies and noted that they are willing to take the risk. He stated that if the City Council approves the project, it will still go to the voters and both sides deserve the facts. He stated that it will benefit everyone to get more information. Mayor Pro Tern Bromberg stated that if a hotel were proposed next to his house that he didn't want, he'd want to have all the information he could gather to make an argument against it. He additionally noted that the action at the current meeting isn't to determine if the project is a good one or not, it is only about fairness. He stated that it's only to get more information. Mayor Pro Tem Bromberg stated the information needs to be received so that an informed decision can be made. INDEX Council Member O'Neil stated that he has a positive feeling about the project because it can be the catalyst that will help the redevelopment plan for the peninsula. He added, however, that having Sutherland Talla spend the time and money on the studies, and submitting to a possibly contentious public hearing process, might not be the prudent thing to do. Council Member O'Neil stated that it was understood that Mr. Sutherland would attempt to bring support from the various constituents involved for the proposed project. He added that although he believed that the studies would provide positive information about the project, he could not support the project moving forward at this time. He stated that he didn't think the community was ready to accept this and it only creates situations that put people at odds with each other. Council Member O'Neil stated that he supported the Dunes project and the Koll project as well, but if the community doesn't want these projects, they won't vote for them. He stated that, from what he's heard at the current meeting, the people don't want this project. Council Member Glover stated that she voted in opposition to the agreement with Sutherland Talla that gave them the exclusive right to develop the property. She stated that she has generally supported the projects that have been presented to her, but after seeing what happened with the Koll project, she didn't want to see that happen to Mr. Sutherland. Council Member Glover stated that Mr. Sutherland and his family live in Newport Beach, and she cautioned him that the issue Volume 54 - Page 690 City of Newport Beach City Council Minutes January 22, 2002 INDEX could get personal. She stated that she has a great deal of respect for Mr. Sutherland and believes that a five -star hotel would be good, but that she's not ready for another election. Council Member Glover stated that Newport Beach is going through a phase and emotions are high. Until that phase is over, there will be projects that should happen, that won't. She stated that she had hoped that the visioning process would go through every part of the City and decide what should go where. In conclusion, Council Member Glover stated that she doesn't think the community wants another hotel right now. Council Member Adams stated that he's a proponent of the project and believes that it's the right thing for Newport Beach. He stated, however, that for some reason hotel land use has been vilified in Newport Beach. He stated that he doesn't quite understand the attitude and believes there's a misconception by the public on what the facilities are like. He added that many people when presented with the facts don't want to believe them. Council Member Adams stated that a Five star hotel could be a gem on the peninsula. Referring to the Balboa Pavilion as an example, he stated that it's sad that no new landmarks are being created and he's discouraged that the right things for the City aren't being done. He noted that he hasn't heard any negative comments about the potential traffic that the restoration of the Balboa Theater might generate or the behavior of the renters of the rental units on the peninsula. Council Member Adams stated that he intended to vote in favor of the initiation of the amendment, but has changed his mind after hearing that the residents on the peninsula don't want the hotel in their neighborhood. He also felt that if Mr. Sutherland could talk with each of the residents individually, they would be convinced that the proposed project is the right use of the land. Council Member Adams suggested that door -to -door support be received prior to the initiation. He stated that continuing the item might be the best option, even though he had doubt that the residents wanted to hear the facts. Lastly, he noted the Bel Air Hotel as a good example of how an upscale hotel can work in a community. Mayor Pro Tem Bromberg confirmed with Assistant City Manager Wood that voting in favor of the initiation would only be supporting the gathering of information, and not supporting the project itself. In response to the suggestion of a continuance, Mr. Sutherland stated that he has worked three years on the project and that there is support on the peninsula. He noted that he hadn't considered a continuance, but he would agree to one if he had to. He stated, however, that he's done everything asked of him and he'd like the project to move forward. Council Member Adams stated that he is only suggesting that the additional time be taken if Mr. Sutherland felt that community support for the project could be gained, but he noted that he can't understand why the residents on the peninsula oppose the project. Mr. Sutherland stated that part of the EIR process would include him reaching out to the residents on the peninsula. He noted that the studies would give him more information when meeting with the residents. Council Member Adams stated that the perception by the residents is that if the City Volume 54 - Page 691 City of Newport Beach City Council Minutes January 22, 2002 Council approves the initiation, they are just pushing the project along without regard to the opinions of the residents. Mr. Sutherland pointed out that the initiation of the amendment only allows the studies to be done and the process to continue. Council Member Adams stated that he doesn't know if the residents even want to continue with the next step or hear the facts. Mayor Ridgeway suggested that Sutherland Talla consider doing a traffic study even if a continuance is approved at the current meeting. Council Member Heffernan stated that he's the Greenlight candidate, but he still thinks it's only fair for Sutherland Talla to continue with the process. He thinks the details should be obtained if Sutherland Talla is willing to continue taking the risk. Council Member Heffernan stated that a continuance could be the same as stopping the project from proceeding. Mayor Pro Tem Bromberg stated that part of the confusion is that there is a lack of understanding on what the initiation of the amendment means. He noted some of the previous comments about the project being a good one, people not wanting it and others wanting to get more information. He stated that the information may not make any difference, particularly if the City Council only votes 4.3 in favor of the initiation. Mayor Pro Tem Bromberg asked Mr. Sutherland if he felt that a continuance would make a difference in gaining more support for the process continuing. Mr. Sutherland began by saying that he thinks Newport Beach is a great place to live. He stated that he wants to see the project move forward and if it means that a traffic study is done during a continuance, he would be willing to do that. He asked if it was possible, however, to have a traffic study that would be official. He was concerned about the perception. Mayor Pro Tem Bromberg felt that a traffic study could be done without an initiation of the general plan amendment and still be credible. INDEX Council Member Adams stated that he's changed his mind. He stated that he would have preferred more support for the project at this point, but he understands Mr. Sutherland's concern that it would be difficult to meet with the residents without the facts. Council Member Adams added that when it comes time to vote on the project, he will not do so if there is not support from the residents on the peninsula. Mayor Ridgeway stated that he agreed with the comments made by Council Members Adams and O'Neil, and that he has told the Central Newport Beach Community Association ( CNBCA) that he thinks it's a good project. He added, however, that he told the CNBCA that he would vote with his constituents if they showed up at the hearings on the project. Mayor Ridgeway stated that he will honor that commitment, although it goes against his better judgment. He stated that it is a tremendous project that will provide needed revenue to the City, yet he finds himself in a situation of having to vote with his constituents who oppose the project. Mayor Ridgeway stated that he didn't think most people wanted to hear the facts or receive more information on the project. He stated that the City Council has not made its decision on the Volume 54 - Page 692 City of Newport Beach City Council Minutes January 22, 2002 project yet, and he believes it will end up in the general plan update process. Mayor Pro Tem Bromberg commended Mayor Ridgeway for voting with his constituents. He agreed with Mayor Adams earlier comment that if the residents on the peninsula don't support the project, he won't support the project. Mayor Ridgeway stated that government is run by those who show up and the peninsula people will show up. He stated that the project is gorgeous and is financially responsible to the City, but there is some strong opposition from the peninsula residents and the Greenlight group. The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg, Adams, Proctor, Noes: O'Neil, Glover, Mayor Ridgeway Abstain: None Absent: None Mayor Ridgeway recessed the meeting at 10:00 p.m. Mayor Ridgeway reconvened the meeting at 10:10 p.m. 12. LIMITATION OF SKATEBOARD USE IN CITY PARKS. General Services Director Niederhaus stated that the matter was discussed thoroughly at a recent Parks, Beaches & Recreation Commission meeting, and that the issue is one of maintenance and vandalism. He showed a device that is used to protect the steps and stairs in the City parks from skateboard damage and explained that in many cases, the devices have been stolen. General Services Director Niederhaus stated that the damage, traces and marks caused by the skateboarders can be seen at any City park. He stated that the proposed resolution addresses the damaged areas, yet does not completely close the parks and recreation areas from skateboard use. He added that it only restricts skateboard use in 21 of the 46 parks. General Services Director Niederhaus noted that the resolution also proposes the changes that would allow enforcement and recommendations for signage. Gio Morrelli, 246 Colton Street, Newport Elementary student, stated that many of his friends skateboard for transportation and exercise. He stated that skateboarding is already banned from the boardwalks and many streets, and the proposed resolution will only make it more difficult. He stated that if the new laws are passed, the City should provide new areas where the skateboarders can go and suggested that a skateboard park be built. He stated that he had 130 signatures from both children and adults supporting his statements. He stated that he knew skateboarders have caused damage, but he feels that a skateboard park would reduce that damage. Mayor Ridgeway noted that the resolution only deals with parks that Volume 54 - Page 693 INDEX Res 2002 -13 Skateboarding (85) City of Newport Beach City Council Minutes January 22, 2002 have a 6% grade or greater. Council Member Glover confirmed with City Attorney Burnham that the children could still skateboard in her neighborhood. She stated that she wouldn't want to interfere with their activities. Michael Kranzley stated that his 12 -year old child skateboards. He noted that there isn't a park in the City that doesn't have vandalism or injuries associated with basketball, tennis, soccer or baseball. He stated that the City's approach to this issue is to build more parks and more areas where children can play. Mr. Kranzley pointed out that with skateboarding, the City's approach is to punish the sport and all the participants in the sport. He recalled the use of graffiti hotlines, and suggested that the City put up similar signs informing people who to call if they witness vandalism in the parks. Mr. Kranzley stated that the children should be allowed to skateboard. Peter Smith stated that the children should be supported. He stated that skateboarding is not a bad sport and the children need a place to do it. He stated that Newport Beach is known for surfing and skateboarding. He added that skateboard parks exist in other countries, which provides children a safe place to practice skateboarding and improve their skills. Randy Dorn, 1400 E. Central Avenue, Fullerton, stated that he supports the thousands of young skateboarders that live in Newport Beach, and doesn't believe that additional laws and restrictions will do anything to defer or diminish any of the vandalism that's caused by skateboarding. He stated that a positive attitude by everyone will be much more effective. Mr. Dorn showed a rack that his company has developed that provides a safe and lockable security for skateboard apparatuses. He stated that it's an example of the products on the market that the City can use to promote safe skateboarding. Mr. Dorn stated that the City Council should publicize that it supports safe and nondestructive skateboarding. He also expressed his support for a skateboard park in the City. Mark Waters, Orange, Sol Technology, stated that the owner of Sol Technology lives in Newport Beach. Mr. Waters stated that it has not been proven that it was skateboarders who stole the devices shown earlier. He stated that if there's no place for people to skateboard, it will only worsen the problem. He stated that they should instead be provided with a place to skateboard and, specifically, a skateboard park. City Manager Bludau clarified that it is only portions of the 21 parks that are closed to skateboarding. City Attorney Burnham added that there is also a prohibition against skateboarding on brickwork, benches, picnic tables and other specific features as outlined in the resolution. Paul Schmitt, 18 Sherwood, stated that he also attended the City Council meeting of January 25, 2000, regarding the issue. He stated that a law was passed at that meeting, but the problems still exists. Mr. Schmitt stated that a skateboard park was recommended by the Newport -Mesa Volume 54 - Page 694 City of Newport Beach City Council Minutes January 22, 2002 INDEX Unified School District when they gave the Bonita Park land to the City. He stated that the neighbors objected and studies were done, but still nothing has been done. Mr. Schmitt stated that three new parks are being discussed for the City and it provides another opportunity for the City to consider a skateboard park. He asked the City Council to resolve the problem. In conclusion, Mr. Schmitt stated that the children need a place to go, but he understands that it's a challenging issue. Mayor Ridgeway confirmed with City Manager Bludau that Costa Mesa is currently utilizing a portable skateboard park. Brandon Dorn, Fullerton, stated that although the issue is vandalism, vandalism is created by detachment from the community. He stated that when a skateboard park was provided in his city, he and his friends felt like they were a part of the community and they stopped skateboarding on steps and other areas that could be damaged. He stated that the sport of skateboarding should be supported. Stefan Jeremias, 3232 Clay Street, stated that skateboarding is a positive activity for the children in Newport Beach and the City should encourage children to do positive activities. He stated that he understands that there's a vandalism issue, but that there's some confusion in the proposed resolution between vandals and skateboarders. For example, he explained that skateboarding on a 6% grade has nothing to do with vandalism. He suggested that a skateboard park be considered, so that the children will have a place to go. Rachelle Foster stated that when the property behind the Central Library was discussed at a City Council meeting, she heard City Attorney Burnham state that a skateboard park would never be built. Steve Morro, 2401 Margaret Drive, noted that if Mayor Ridgeway supports his constituents, as he mentioned earlier in the meeting, he would oppose the resolution. Mr. Morro noted the many speakers who have spoken against the resolution at the current meeting. He stated that there is no place for the skateboarders to go and eliminating the use of the parks will only create vandalism. Mr. Morro provided examples of signs in the City that prohibit certain activities, and noted that people just disregard the signs and enforcement is not done. He explained that prohibiting another activity and adding more signs will not solve the problem, but it will cost money. Jim Hildreth, 120 The Grand Canal, stated that he supports skateboarders. He suggested that the device being used to reduce vandalism isn't working and shouldn't be used. He stated that the City should encourage skateboarding and possibly utilize the school system to involve the children, hold competitions and create areas to skateboard. Mr. Hildreth stated that the City should provide opportunities and direction, and not prohibit the sport. Keith Miller, 315 Lindo Avenue, stated that the economic issue should also be discussed. He noted that the leading shoe manufacturer is located Volume 54 - Page 695 City P of Newport Beach City Council Minutes January 22, 2002 in Orange County and had $500 million in gross revenue last year. He stated that skateboarding has triggered other sports, will be a part of the Olympics in the future, and has supported publications and the manufacturing of apparel. Mr. Miller stated that vandalism will occur, but skateboarding should be embraced and the revenue being generated should be considered. Ms. Foster noted that the skateboard parks in the area charge a fee, and the City might consider this also. She stated that the City needs to make a decision on whether a skateboard park is going to be built. Brian Dorn, Fullerton, stated that vandalism will occur and as people are further limited, the vandalism will increase. He suggested that the City open up new areas and project the image that it welcomes skateboarders. He stated that the money being proposed will be wasted. ION13 Mayor Ridgeway stated that the issue is vandalism, and it appears that it is probably done by the older kids. He stated that the subculture of defiance doesn't exist with the younger children, but it does with the older ones. He stated that the City is not closing it parks, it is only trying to protect the parks so they can be used by everyone, including the younger children. Mayor Ridgeway stated that he has heard from the constituents and no one wants a skateboard park. He noted that there are skateboard parks in Southern California and even if there was a skateboard park in Newport Beach, people would still have to drive to it. Mayor Ridgeway stated that he won't allow his children to read Skateboard Magazine, although he thinks skateboarding is a great sport. He stated that, somehow, a subculture has been formed among the older kids. He did note that the older kids tend to be more behaved in the public skateboard parks. Motion by Council Member Glover to adopt Resolution No. 2002 -13 prohibiting skateboarding on certain streets, sidewalks, and parks and rescind Resolution No. 2000 -19. Council Member Heffernan stated that he understands the skateboarding culture and knows that enforcement can be done. He stated that he has driven his children to Laguna Niguel to a facility that is always overused. He noted, however, that a skateboard park won't happen in Newport Beach. He stated that the children only know that they want to skateboard but, unfortunately, they're going to have to continue driving outside the City if they want to use skateboard parks. The motion carried by the following roll call vote: Ayes: O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: Heffernan Abstain: None Absent: None 20. BONITA CANYON SPORTS PARK (C -3270) — STATUS REPORT AND SURETY TAKEOVER AGREEMENT. Volume 54 - Page 696 C -3270 Bonita Canyon City of Newport Beach City Council Minutes January 22, 2002 Council Member Heffernan noted that the land for the park cost $28 million and the project completion date is five to six months behind schedule. Given the huge expenditure involved, he asked how the contractor could get so far under without the City being more involved at an earlier stage. City Manager Bludau stated that the City, as a public agency, has a public process that is followed to insure fairness to anyone that wants to bid on a City job. Public Works Director Badum stated that the contractor's right to work had to be terminated because he lost his line of credit from his bank, which resulted in him being unable to pay his subcontractors and suppliers. Public Works Director Badum stated that the City was notified of this in late November, and then met with the contractor and the surety company. He stated that the surety company was trying to find a way to continue financing the contractor's operations so that he would not default on his ability to complete the project. Public Works Director Badum stated that possibly three weeks were lost during the negotiations, and it is now recommended that the surety company takeover agreement be approved. He added that the contractor will be responsible for approximately $90,000 in damages for being late. Council Member Heffernan asked if the bond that covers the construction costs is adequate to pay the per diem penalties for being late. He also asked if there was any exposure to the City due to the changeover. Public Works Director Badum stated that the surety is responsible for the contract. City Attorney Burnham stated that there is both a performance and a payment bond. Motion by Council Member Glover to receive and file status report; and approve the Surety Takeover Agreement and authorize the City Manager to execute the Agreement. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Jim Hildreth, 120 The Grand Canal, stated that he will no longer need the photo he has been carrying to the City Council meetings of his ladder because the ladder has been removed. He added that he has been taking pictures of other ladders that have been classified as unsafe. He noted a ladder on Little Balboa Island, across the water from the Harbor Department, that has the same problems as his ladder. He stated that the mooring number is EIA. He stated that there is also selective enforcement of the payment scale. Volume 54 - Page 697 lQ1130M (38) Park i City of Newport Beach City Council Minutes January 22, 2002 None. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 25. PLANNING COMMISSION AGENDA FOR JANUARY 17, 2002. Motion by Council Member Glover to receive and file the written report. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None N. CURRENT BUSINESS 26. CORONA DEL MAR STREET FURNITURE DESIGN AND AUTHORIZATION FOR PURCHASE. Motion by Council Member Glover to approve the BID'S selection of street furniture; authorize a Fund Transfer in the amount of $50,000 from Account No. 7181- C5100641; approve a budget amendment (BA -028) authorizing the appropriation of unappropriated General Fund Reserves in the amount of $41,349 into Account No. 7014- C2700634; and authorize the purchase of 34 (each) of the Landscape Forms "Scarborough" benches and liter receptacles, and 6 of the Landscape Forms "Kaleidoscope" bus shelters. The motion carried by the following roll call vote: INDEX Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None S28. ADOPTION OF A JOINT RESOLUTION WITH THE CITIES OF ANAHEIM, COSTA MESA, ORANGE, SANTA ANA AND TUSTIN REGARDING SUPPORT FOR JWA SETTLEMENT AGREEMENT EIR 582 SCENARIO ONE. Motion by Council Member Glover to adopt Resolution No. 2002 -16. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Volume 54 - Page 698 Planning (68) BA -028 CdM Street Furniture Design and Purchase (27/40) C -2535 Res 2002 -16 JWA Settlement Agreement/ EIR 582 Scenario One (38/54) City of Newport Beach City Council Minutes January 22, 2002 Abstain: None Absent: None INDEX O. MOTION FOR RECONSIDERATION - None. P. ADJOURNMENT - 11:05 p.m. * *mean * *xrx *aax�,ee�r ** The agenda for the Regular Meeting was posted on January 16, 2002, 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 January 18, 2002, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor / • WIAA Volume 54 - Page 699