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Home My WebLink About03/27/2001 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 27, 2001- 7:00 p.m. INDEX STUDY SESSION - Cancelled. CLOSED SESSION - 5:30 p.m. CLOSED SESSION REPORT - None. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Absent: Proctor (excused) Pledge of Allegiance - Council Member Bromberg. Invocation by Bishop Mike Browning, Newport Beach Stake - Church of Jesus Christ of Latter -Day Saints and member of the Police Department Chaplain Program. Proclamation proclaiming April 1 - 7, 2001, as National Library Week presented to the Chairman of the Board of Library Trustees, Patrick Bartolic. Mr. Bartolic thanked the City Council and the community for their support of the library system. He stated that Newport Beach is consistently ranked among the top five libraries in the country. 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 Bromberg requested that the agenda for the City Council meeting of April 10, 2001, include an item dedicating the site above the Central Library as a passive park. He added that the site should also include a parking lot to be used by the Central Library. Mayor Adams noted that the City Attorney's office is currently working on providing the City Council with an inventory of the open space within the City. City Manager Bludau confirmed that the inventory should be available by the City Council meeting of April 24, 2001. • Council Member Bromberg additionally requested that the City move forward with the process for having a park at the site above the Central Library. He stated that this should be placed on a City Council agenda in the next month or six weeks, and would be separate from the item previously requested. He noted that this would only begin the process. Volume 54 - Page 165 City of Newport Beach City Council Minutes March 27, 2001 INDEX • Council Member Bromberg congratulated Lily Mackey, who will become the first woman to be installed as the exalted ruler of the Newport Harbor Elks Club on April 1, 2001. • Mayor Adams clarified with City Manager Bludau that the process for initiating a park at the site above the library would begin with the Parks, Beaches & Recreation (PB &R) Commission. City Manager Bludau stated that it would be helpful to the PB &R Commission if some direction was provided by the City Council beforehand. • Mayor Pro Tern Ridgeway requested that the Planning Director provide the City Council with a report on the Open Space Element of the General Plan. • Mayor Adams requested that a future Study Session item include a report on what the City is doing in response to the energy crisis, as well as what is being done to prepare for it. • Council Member Heffernan requested that a future agenda item include a discussion by the City Council on when Study Sessions should be held, referring to a conflict by himself and Council Member O'Neil with Hoag Hospital Board meetings. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Motion by Mayor Pro Tern Ridgeway to move the item to after the Public Comments section of the agenda. The motion carried by the following roll call vote Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 1. PLANNING COMMISSION AGENDA FOR MARCH 22, 2001. Motion by Council Member Glover to move the item to after the Public Comments section of the agenda. The motion carried by the following roll call vote Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS Volume 54 - Page 166 City of Newport Beach City Council Minutes March 27, 2001 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 13, 2001. Waive reading of subject minutes, approve as written and order filed. 3. 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. RESOLUTION FOR ADOPTION 4. AD HOC GENERAL PLAN UPDATE COMMITTEE. Adopt Resolution 2001 -17 correcting the membership list of the Ad Hoc General Plan Update Committee to include a member of the Harbor Committee, which had been inadvertently removed last December, and rescinding Resolution No. 2000 -102. CONTRACTS AND AGREEMENTS 5. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING WITH NEWPORT BEACH CITY EMPLOYEES ASSOCIATION, PROVIDING FOR AN ELECTION ON AN AGENCY SHOP PROVISION. Approve the Supplemental Memorandum of Understanding (MOU). 6. LEASE AGREEMENT FOR SHIPYARD/RETAIL STORE AT BALBOA YACHT BASIN (WITH BASIN MARINE, INC.). Item continued to April 10, 2001; and appointed Council Member Heffernan and Mayor Pro Tern Ridgeway to a subcommittee to discuss the lease provisions. 7. PURCHASE OF REPLACEMENT MOBILE LAPTOP COMPUTERS. 1) Award bid to purchase 35 replacement mobile laptop computers for use in marked police vehicles used by sworn personnel from 'Dell Computer Corporation" for $83,580.00 from Capital Improvement Project (CIP) Budget No. 7017- C1820539; 2) award bid to purchase screen coating overlay for 35 mobile laptop computers for use in marked police vehicles used by sworn personnel from 'Dell Computer Corporation" for $5,915.00 from CIP Budget No. 7017- C1820539; and 3) award bid to purchase "touch screen" retrofit for 35 mobile laptop computers for use in marked police vehicles used by sworn personnel to "CPU Computer Repair" (as authorized by 'Dell Computer Corporation ") for $23,931.25 from CIP Budget No. 7017- C1820539. 8. BAYSIDE DRIVE STORM DRAIN IMPROVEMENTS (C -3198) - ACCEPTANCE AND COMPLETION. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Material bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one year after Council acceptance; and 5) approve a budget amendment (BA -037) increasing the appropriation in Account No. 7012- C5100008 in the amount of $22,229.35 and increase the revenue estimate for General Fund Account No. 5100 -5864 in the amount of $22,229.35 for the additional contract work and subsequent reimbursement by Pacific Bell. Volume 54 - Page 167 �w Res 2001 -17 Ad Hoc General Plan Update Committee (24) C -2059 City Employees Association MOU (38) C -3404 Balboa Yacht Basin (38/51) C -3405 Mobile Laptop Computers (38) C -3198 BA -037 Bayside Drive Storm Drain Improvements (38/40) City of Newport Beach City Council Minutes March 27, 2001 9. NEWPORT HEIGHTS STREET IMPROVEMENTS (C -3313) - ACCEPTANCE AND COMPLETION. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Material 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 year after Council acceptance. 10. Item removed from the Consent Calendar by Council Member Heffernan. 11. BUDGET AUGMENT FOR HOUSING ELEMENT PREPARATION AND RELATED BUDGET AMENDMENT (BA -038). 1) Approve BA -038 to transfer $7,000 from Account No. 2710 -7000 (Salaries) to Account No. 2710 -8080 (Services - Professional and Technical); and 2) authorize the City Manager to execute an amendment to the Professional Services Agreement with Hogle- Ireland, Inc., to provide for completion of the Housing Element. MISCELLANEOUS ACTIONS 12. REVISION TO COUNCIL POLICY A -6, "OPEN MEETING POLICIES" AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Approve revisions to Council Policy A -6. 13. PUBLIC IMPROVEMENTS CONSTRUCTED IN CONJUNCTION WITH TRACT NO. 15012 (EASTERLY SIDE OF DOVER DRIVE BETWEEN 16TH STREET AND WESTCLIFF AVENUE). 1) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15012; 2) authorize the City Clerk to release the faithful performance bond (Bond No. 1114- 1572 -864); 3) authorize the City Clerk to release the labor and material surety (Bond No. 1114 -1572 -864) in six months provided no claims have been filed; and 4) authorize the City Manager to sign a letter accepting maintenance responsibility for the bluff side of the Bluff Top trail in six months. 14. BUDGET AMENDMENT (BA -039) TO APPROPRIATE $10,000.00 OF A $47,951.43 DONATION FROM THE ESTATE OF ROY RAYMOND REIBER TO ENHANCE CHILDREN'S SERVICES AT THE BALBOA BRANCH LIBRARY. Approve BA -039. S19. SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING WITH NEWPORT BEACH PROFESSIONAL AND TECHNICAL ASSOCIATION REGARDING LIUNA PENSION PLAN. Approve supplemental Memorandum of Understanding (MOM. S20. Item removed from the Consent Calendar b y Council Member Heffernan. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for the items removed (10 & S20), and noting the continuance of Item Volume 54 - Page 168 Q1�►' C -3313 Newport Heights Street Improvements (38) BA -038 Housing Element (40/68) Council Policy A -6 (69) Tract 15012 Dover Drive Public Improvements (TT15012) BA -039 Children's Services (40/50) C -2051 Prof/Tech Association LIUNA Pension Plan (38) City of Newport Beach City Council Minutes March 27, 2001 No. 6. The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor ITEMS REMOVED FROM THE CONSENT CALENDAR 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE ALLEY RIGHT -OF -WAY ADJACENT TO 405 & 405 1/2 GOLDENROD AVENUE, CORONA DEL MAR (N2000 -254). Council Member Heffernan stated that he had specific questions regarding the text of the encroachment agreement and also wanted clarification on how many feet the extension would be. Public Works Director Webb stated that the encroachment agreement was requested by the developer of the property to extend the alley by approximately sixteen feet. He stated that this would allow the alley to be used as access to a garage at a new structure to be built on the lot and would alleviate using Goldenrod Avenue for access to the property, as is currently being done. Mayor Adams confirmed with Public Works Director Webb that the design agreements have indemnification provisions and insurance requirements for design negligence, through a fairly standard hold harmless agreement. Council Member Heffernan confirmed with Public Works Director Webb that the height at the end of the alley extension from the slope would be approximately eight to ten feet. Chris Taylor, 2706 Bayside Drive, stated that the item is related to Item No. 16 and possibly the items should be discussed together. Mr. Taylor provided a handout from the State of California website which discussed the California Environmental Quality Act (CEQA) and what constitutes a project under CEQA. Mr. Taylor added that the Coastal Commission also feels that it has rights for jurisdiction over the improvements. Mr. Taylor asked that the agreements be separated into specific property benefits and obligations. Lastly, he asked that it be determined if the improvements comply with Council policies. Mayor Adams asked if the encroachment was considered private or an extension of a public alley being funded by a private entity. Public Works Director Webb stated that it is considered to be a nonstandard improvement in the public right -of -way, but would be maintained by the private property owner. He added that it is considered nonstandard because it is a structure rather than a fill. Mayor Adams stated that many structures exist in the City. Mayor Adams further confirmed with Public Works Director Webb Volume 54 - Page 169 INDEX EPN 2000 -254 405 Goldenrod and 405 1/2 Goldenrod (65) City of Newport Beach City Council Minutes March 27, 2001 INDEX that the City is receiving a benefit from the extension in that it removes the access currently being used on Goldenrod Avenue. Mayor Adams confirmed with Public Works Director Webb that Item No's. 10 and 16 were separated on the agenda because they do not depend on each other. Public Works Director Webb additionally noted the supplemental staff report that was distributed the prior Friday that contained the correct agreement. In response to Mayor Adams' question about proper CEQA documentation, Planning Director Temple stated that the alley improvement is intended to serve two lots, each containing a proposed duplex. She stated that the duplex developments are not considered projects under CEQA because they are non - discretionary in nature. She added that the actual encroachment itself is a discretionary approval, subject to CEQA, but would be considered exempt due to its size. Mayor Adams confirmed with Public Works Director Webb that the encroachment permit allows the private party to build a structure on public right -of -way. Susan Carol, 2710 Bayside Drive, asked for the City Council to protect her property from the alley extension, which would put a concrete automobile turnaround approximately fifteen to twenty feet above her home and approximately one car length from her bedroom window. She stated that the concrete structure would be unsightly and was only being done so that the square footage could be maximized at the subject lots. She stated that Goldenrod Avenue should be used as access to the property. Ms. Carol added that the concrete structure will have a negative impact on the slope, the existing staircase and her property. She stated that she sees no public benefit to allowing the alley extension. Mayor Adams confirmed with Planning Director Temple that the subject lots are considered substandard per the City's subdivision standards because of their size, although she noted that they are typical of the lot configurations in old Corona del Mar. Mayor Adams confirmed with Public Works Director Webb that the City's policy is to use alleys for access before using streets. He also confirmed that, on paper, the alley currently ends on Bayside Drive. Based on these two confirmations, Mayor Adams asked why the alley extension is considered discretionary. He stated that it should have been the City's direction. Public Works Director Webb explained that the encroachment permit for the extension was applied for separately from the development on the lots. Mayor Pro Tem Ridgeway confirmed that Ms. Carol's house and the staircase were in existence when she purchased her home. Mayor Adams explained that the staircase was privately constructed in the public right -of -way. Mayor Pro Tem Ridgeway confirmed that Ms. Carol's property contains a Volume 54 - Page 170 City of Newport Beach City Council Minutes March 27, 2001 1�w duplex, which is approximately the same size as the residences at 2706 and 2700 Bayside Drive. Mayor Pro Tern Ridgeway confirmed with Public Works Director Webb that the alley could not be extended to the existing parking area adjacent to the properties on Bayside Drive because of the steepness of the slope. Mayor Pro Tern Ridgeway suggested that the property owners on Bayside Drive should consider maximizing the value of their properties by expanding them and using the access from the proposed extended alley. Ms. Carol stated that it couldn't be done due to existing height restrictions placed on the properties by the Brandt's. Mayor Pro Tern Ridgeway suggested that possibly the Brandt's, or the new owners, would consider removing the height restrictions. Ms. Carol stated that she is willing to attempt to work something out and suggested that maybe the item should be postponed while everyone gets together and a solution is sought. Harriet Harris, 2706 Bayside Drive, stated that Item No's. 10 and 16 are directly related. She stated that the existing driveway on Goldenrod Avenue should be used rather than the proposed extended alley, which will hang over an existing property owner's residence. Mayor Pro Tern Ridgeway asked Ms. Harris if she owned her property and if a height restriction existed. She confirmed both to be true. He asked if it would help if the height restriction were removed. Ms. Harris stated that she was in attendance at the current meeting in support of Ms. Carol and couldn't speak for her on the idea, but that maybe it could be considered. In response to Mayor Adam's question about the possible effect of removing the height restriction, Ms. Harris stated that she didn't know how an upper garage could be achieved. Lisa Cushman, 2700 Bayside Drive, asked that the City Council do the right thing. She stated her full support for Ms. Carol's position. Ms. Cushman stated that the liability issues need to be looked at more closely. She stated that someone will have to take responsibility for any damage done to the surrounding properties during the construction of the alley extension. She stated that other options for access, such as Goldenrod Avenue, need to be looked at. Chris Cushman, 2700 Bayside Drive, asked the City Council to consider the children that might play in the alley and what would happen if they fell from the structure. He stated that it needs to be determined who will bear the responsibility of the structure. Eric Welton, representing the Brandt estate, stated that the property is in escrow. He stated that he did not know of the height restrictions, but is willing to consider having them removed and is open - minded on the subject. He stated that the alternative to the alley extension is using the access pff of Goldenrod Avenue but that the aesthetics of the street need to be considered, given the number of pedestrians that use the street from the footbridge. Mr. Welton stated that his basis for applying for the encroachment agreement was due to the suggestion by Public Works Director Webb that the existing curb cut should be closed up and access prohibited on Goldenrod Avenue. Mr. Welton stated that the extension plan includes camouflaging Volume 54 - Page 171 City of Newport Beach City Council Minutes March 27, 2001 I 1 �►/ the alley and taking appropriate safety measures. Mayor Adams stated that he is concerned about the lack of detail provided in the plans that were submitted. He stated that it would be difficult to vote on the item without having more information on such things as the vertical dimensions and the inclusion of a fence or guardrail at the end of the alley. Mayor Adams further stated that it is also unclear what the distance is from the edge of Ms. Carol's residence to the proposed structure, but that it looked like it was less than 26 feet. Mayor Adams stated that the plans submitted were only hand drawn with no engineer's seal. Mr. Welton stated that the agreement could possibly be approved with certain provisions added by the City Council. Council Member Bromberg asked Mr. Welton if he would consider postponing the item while the idea of removing the height restrictions is discussed. Mr. Welton stated that he would have to confer with the Brandt family regarding the contractual obligations. He added that he didn't think additional time would make a difference. Council Member Bromberg stated that a removal of the height restrictions could make a difference and that two weeks would allow for that discussion to take place. Mayor Adams stated that he was not prepared to vote on the item due to the level of detail provided. Mr. Welton stated that staff has gone to a lot of trouble and that a lot of time has already been spent on the issue. Mayor Adams stated that the plans do not include dimensions, provisions for the safety of children or precise distances. Mr. Welton stated that staff already has the information and that he's in a time bind. Mayor Adams added that vehicle access to parcels in Corona del Mar should come from the alleys. Council Member Glover stated that deals should not be negotiated during City Council meetings. She stated that the City Council should instead give staff some guidance on what information they need and have it come back at a future meeting. Council Member Heffernan suggested that when a private landowner is encroaching on public right -of -way that the indemnity obligations in the encroachment agreement should extend to protect the City, as well as the adjacent property owners. Additionally, he suggested that subordination to any liens be included in the agreement. Mayor Adams stated that the bigger issue is determining why a private property owner is being asked to maintain a public alley. Council Member O'Neil stated that he understands the concerns of both sides. He stated that he didn't know if the removal of the height limitation could be done in a two -week period. He stated that the adjacent property owners are opposed to the extension because it will create a dangerous situation. He stated that he does support the policy for using alleys for access, but that he'd defer to the rest of the City Council if additional information is desired. He added that he didn't think either side would change their position in the next two weeks. Volume 54 - Page 172 City of Newport Beach City Council Minutes March 27, 2001 Mayor Pro Tom Ridgeway stated that there could be a benefit to the adjacent property owners if the height restrictions are removed. Council Member Bromberg stated that he already visited the property on his own, but requested that Mr. Welton meet him at the property in the next two weeks. Mayor Adams stated that he would communicate with staff his feelings on the issue and the additional information he would need to make his decision. Andrew Goetz, 503 Goldenrod Avenue, stated that he is the architect for the project and that detailed exhibits are available. He noted that the alleys in Corona del Mar have five -foot setbacks and it is not uncommon to have residences so close to alleys. Mayor Pro Tern Ridgeway confirmed with Mr. Goetz that the heights of the buildings are allowed to reach 29 feet, as long as the average is maintained at 24 feet. Per Mayor Adams's question, Mr. Goetz estimated the distance from the end of the alley extension to existing ground as 16 feet from the furthest point. Mr. Goetz added that the conditions for approval require that more than a guardrail be provided, as part of addressing the safety issues. Mr. Goetz stated that a point on the back corner of Ms. Carol's residence was used in determining the distance to her property. Mayor Adams expressed his concern and dissatisfaction for using such a deceptive measurement. Council Member Glover stated that staff followed City policy when not allowing access from Goldenrod Avenue. Mayor Adams added that if the alley extension can work safely and have no intrusion on the existing properties, then staff took the right step. Council Member Heffernan confirmed with Mayor Adams that the alley currently ends where it does due to the grade difference. Mayor Adams stated that these kinds of decisions are judgment calls for the City Council. Motion by Mayor Pro Tern Ridgeway to postpone action until action is taken on Item No. 16. The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor S20. RESOLUTION 2001 -18 RELATING TO THE CITY S INTENTION TO SUBMIT AND CERTIFY A LOCAL COASTAL PROGRAM (LCP) FOR THE CITY OF NEWPORT BEACH. Volume 54 - Page 173 Res 2001 -18 Local Coastal Program (LCP) (68) City of Newport Beach City Council Minutes March 27, 2001 INDEX Council Member Heffernan asked if the anticipated cost to certify the LCP was the same as when the City applied for the grant. Deputy City Manager Mff stated that it depends upon the work plan that is ultimately adopted. City Manager Bludau added that the work being done on the general plan update should decrease the cost. Deputy City Manager Kiff further clarified that the Coastal Commission recently encouraged the City to reapply for a new grant. Council Member Heffernan confirmed that the action at the current meeting would be to proceed with the certification whether or not the grant is received. Mayor Pro Tern Ridgeway further clarified that the action at the current meeting was only to indicate the City's intention to submit and certify an LCP. City Manager Bludau stated that the City is intending to certify the LCP after the general plan update. Deputy City Manager Kiff stated that staff would proceed with getting the LCP certified unless the City Council adopts a resolution contradicting the proposed resolution being considered at the current meeting. Council Member Heffernan asked how the City could have gone on so long without a certified LCP. Assistant City Manager Wood stated that the City has an LCP land use plan, but that it is not certified with the Coastal Commission. Deputy City Manager Kiff added that the State legislature is looking at the City's proposal relating to Newport Coast and asking why the LCP isn't certified. Motion by Council Member Glover to adopt Resolution 2001 -18 relating to the City's intention to submit and certify a Local Coastal Program (LCP) for the City of Newport Beach. The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor PUBLIC COMMENTS Jim Hildreth, 120 The Grand Canal, stated that he is concerned that residential pier RP80100011 at the southwest end of The Grand Canal is a safety hazard. He stated that the City - installed ladder does not provide for safe access and he doesn't understand the reason for the mooring location at the northwest end. Mr. Hildreth provided a list of the documents he is requesting copies of. Mayor Adams stated that the Public Comments section of the agenda does provide the opportunity for anyone to speak on any non- agendized issue. He added, however, that Mr. Hildreth has already been provided with a public hearing and that the issue has been resolved as far as the City is concerned. Russell Niewiarowski, Santa Ana Heights, stated that the John Wayne Airport (JWA) Bristol Street wall project is being revisited by engineers. Volume 54 - Page 174 City of Newport Beach City Council Minutes March 27, 2001 Additionally, he stated that the City of Costa Mesa has decided to contribute money to the airport fight. Lastly, Mr. Niewiarowski announced that at the most recent Orange County Regional Airport Authority (OCRAA) meeting there was support for the Pilot's Plan, which is a reasonable alternative to the current controversial airport plan. Despite these accomplishments, Mr. Niewiarowski stated that there are some negative impacts being generated by the same people who support an airport at El Toro. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Glover reported that the John Wayne Airport (JWA) Settlement Extension Ad Hoc Committee met earlier in the day. She stated that it was decided to implement a plan to meet with the JWA Charter Cities to inform them of the City's efforts to extend the settlement agreement and seek their support. Additionally, it was decided that resolutions supporting the extension of the settlement agreement be posted on the JWA website, which she noted would probably be accessible within the next two weeks. Lastly, Council Member Glover reported that the committee decided to hire a consultant to mail information to the City's residents informing them of the JWA settlement agreement and the City's efforts to extend the agreement. Council Member Glover reported that the Watershed Executive Committee continues to work on having cleaner water in the bay and that there needs to be a concerted effort by all of the contributing cities to accomplish this. She stated that the intent of Senate Bill 816 (SB816), sponsored by Ross Johnson, is to keep the inland, upstream cities working voluntarily toward water quality solutions. She stated that it is very important to receive voluntary cooperation from these cities and have them understand the effect of urban runoff. Council Member Glover stated that SB816 provides for a long -term solution. Mayor Pro Tem Ridgeway reported that the Orange County Water District (OCWD) and the Consolidated Sanitation District of Orange County (CSDOC) would be voting the following evening on the Groundwater Replenishment System project. He stated that the project would process reclaimed water, then pump it back up to the ponding basins in Anaheim and allow it to percolate back into the Orange County aquifer. He noted that 75% of the water used in the City comes from the aquifer. He stated that the upcoming vote would be for the design phase of the project, which is Phase 1, and that he would be voting in support of the project. Mayor Pro Tent Ridgeway concluded by stating that the project will take the County's dependency off of imported water. Per the request of Mayor Adams, City Manager Bludau reported that the Ad Hoc General Plan Update Committee decided at its meeting the day prior that a recommendation would be made to the City Council at its meeting of April 10, 2001, on the public outreach portion of the general plan update and the committee of public representatives that will be formed. PLANNING COMMISSION AGENDA FOR MARCH 22, 2001 [meeting cancelled due to lack of a quorum]. Volume 54 - Page 175 INDEX Planning (68) City of Newport Beach City Council Minutes March 27, 2001 Motion by Council Member Glover to receive and file written report. The motion carried by the following roll call vote Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor PUBLIC HEARINGS 15. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR THE 2001 -2002 FISCAL YEAR. Assistant City Manager Wood stated that at the City Council meeting of March 13, 2001, the annual report for the Balboa Village Business Improvement District was approved. Additionally, a resolution was adopted that indicated the City's intention to levy assessments to continue the district for another year. She stated that no protests have been received objecting to the levy. Mayor Adams opened the public hearing. Gay Wassall- Kelly, 409 E. Edgewater, President of the Balboa Merchants Owners Association (BMOA), thanked the City Council for its continued support of Balboa Village. She stated that revitalization continues in the area, and a website should be accessible within the next two weeks to help market the area. Ms. Wassall -Kelly listed some of the upcoming events in the area. There being no further testimony, Mayor Adams closed the public hearing. Motion by Mayor Pro Tern Ridgeway to adopt Resolution 2001 -19 confirming the levying of the assessments since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor 16. REX BRANDT TRUST FOR AMENDMENT NO. 909 & LOT LINE ADJUSTMENT NO. 2000 -013 (2720 & 2730 BAYSIDE DRIVE). Mayor Adams opened the public hearing. Eric Welton announced that he supports Ms. Carol's request for a continuance. Volume 54 - Page 176 INDEX Res 2001 -19 Balboa Village Business Improvement District (27) EPN 2000 -254/ Lot Line Adjustment 2000 -013/ 2720 Bayside Drive and 2730 Bayside Drive (65) City of Newport Beach City Council Minutes March 27, 2001 Motion by Council Member O'Neil to continue the item to the City Council meeting of April 10, 2001, along with Item No. 10. It was decided that staff would make the determination on whether the two items would be heard together or separately. Chris Taylor, 2706 Bayside Drive, stated that the California Environmental Quality Act (CEQA) should be invoked on the application and that an initial study should be done to determine if there are any impacts. He added that it should also be identified if the Coastal Commission has jurisdiction. Mayor Adams asked if the motion could include direction to staff to address the issue of whether CEQA would apply. Council Member O'Neil agreed to amend his motion. The amended motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor CONTINUED BUSINESS 17. MEASURE S GUIDELINES (contd. from 2/27/01 & 3/13/01). City Attorney Burnham stated that Measure S was approved by the voters in November, requires voter approval of certain general plan amendments and encourages the adoption of guidelines. He stated that this is the fifth City Council meeting where the guidelines have been discussed. City Attorney Burnham stated that staff included the modifications made at the previous meetings in the most recent version of the guidelines and added that through the process of making the modifications and gathering more information, a modification to the trip rate table was also made. City Attorney Burnham explained that Measure S requires voter approval of major amendments to the general plan, which are amendments that significantly increases the amount of traffic that allowed uses can generate. He stated that staff was previously recommending that the highest trip rate for any allowed use be used but after looking at the trip rate table, has determined that this methodology won't work. City Attorney Burnham stated that staff is now recommending a blended rate. He introduced Joe Foust of Austin Foust & Associates, who helped prepare the blended rate with staff. City Attorney Burnham provided a new draft of the guidelines that included the discussed changes. Additionally, he suggested that changes to peak hour trips and peak hour trip rates also be made. He specifically suggested that the first sentence in peak hour trips be changed to read, "...multiplied by the Entitlement (the appropriate quantity of the relevant unit of measurement)... ". Additionally, he suggested that the language in the first sentence of peak hour trips be changed to read, "...average weekday rate Volume 54 - Page 177 INDEX Measure S Guidelines (68) City of Newport Beach City Council Minutes March 27, 2001 INDEX during the peak hour of the adjacent street Mayor Pro Tem Ridgeway confirmed with City Attorney Burnham that the newest draft guidelines were provided to the proponents of Measure S. Phil Arst, Measure S proponent, stated that much progress has been made but he has a few recommended changes. Mr. Arst presented a handout which included the recommendations and stated that the first item provides more clarification for the peak hour trip rate. He stated that a heading should be added to the three entries in the peak hour table that are for general land use categories. City Attorney Burnham agreed with the recommendation. Mr. Faust concurred. Mr. Arst stated that the second item was in regards to the specific definition of proposed projects. He requested that the permitted use of the project also be specified. City Attorney Burnham stated that the trend over the years has been to submit more precise proposals, but he didn't feel that it was appropriate to place this requirement in the Measure S guidelines. He stated that it would be appropriate to place it elsewhere in the Council Policy Manual. Mr. Arst agreed with the City Attorney's recommendation. Planning Director Temple stated that this would accommodate most general plan amendments which are project - specific, but added that provisions will still be needed for projects that are not specific in nature. Mr. Arst hoped that a limit to traffic would be included. Mr. Arst stated that his third request is to include parking structures in the definition of floor area if they contribute to increased traffic. Mayor Adams stated that some believe that parking structures do not contribute to traffic. Mr. Arst stated that a parking structure below grade would allow for more intensity on the site. Mayor Pro Tem Ridgeway stated that greater intensity would increase the floor area, which is what is already looked at during the analyses and that the parking structure only accommodates the intensity of the use. Mayor Adams stated his concurrence that parking structures should not be included in the floor area. Mr. Arst stated that his fourth request is to include hotel rooms in the definition of a dwelling unit, per the definition provided in the Newport Beach Municipal Code (NBMC). Mayor Adams stated that the NBMC already provides a definition for hotel rooms. City Attorney Burnham stated that it is important that the Measure S guidelines reflect the expressed purpose of Measure S and stay as consistent as possible to the text of Measure S. He stated that the proponents increase the potential for litigation or invalidation of the measure by including guidelines that go outside of the intentions of Measure S. Mr. Arst stated that the fifth request is to have the City Council review Volume 54 - Page 178 City of Newport Beach City Council Minutes March 27, 2001 small entitlements and determine if they are valid. City Attorney Burnham stated that the City Council should avoid considering Measure S when determining whether to approve a general plan amendment. Council Member Glover agreed that the City Council shouldn't be making these decisions and that some projects are market driven. City Attorney Burnham summarized staffs response to the requests by Mr. Arst. He stated that there is support for clarifying the definition of peak hour trip rate in the Measure S guidelines, support for the concept of providing more specific definitions of proposed projects but not within the Measure S guidelines and no support for the other three requests. Mr. Arst, City Attorney Burnham and Mayor Adams recognized the work of those involved in developing the guidelines, and Tom Hyans, Measure S proponent, recognized Jean Watt, Mr. Arst and staff. Motion by Mayor Pro Tern Ridgeway to adopt the proposed guidelines as submitted by the City Attorney at the current meeting with the change to the trip rate table as requested by Mr. Arst, and the changes to peak hour trips and peak hour trip rate as suggested by City Attorney Burnham. Council Member Bromberg stated that he previously supported the inclusion of parking structures in the floor area calculation, but that the analysis he has heard from staff makes a lot of sense and he didn't want to hold up the guidelines. He complimented the City Council for its support of Measure S, as approved by the voters. Council Member Heffernan stated that the guidelines will be adhered to and used appropriately. The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: Proctor 18. REQUEST OF AIRPORT WORKING GROUP (AWG) AND CITIZENS FOR JOBS AND THE ECONOMY (CJE) FOR FUNDING. Council Member Glover stated that she is a member of the Airport Issues Committee, as are Council Members Proctor, who is chairman, and Heffernan. She stated that in Council Member Proctor's absence, Council Member Bromberg attended the meeting that was held earlier in the day and she chaired the meeting. Council Member Glover stated that her motion would include the recommendations voted on at the meeting by the committee, after discussing the proposed grant agreements. Motion by Council Member Glover to authorize the Mayor to execute the proposed grant agreements subject to: 1) a modification of the AWG grant agreement to make the grant conditional on AWG's written agreement, Volume 54 - Page 179 Airport Working Group (AWG) and Citizens for Jobs & the Economy (CJE) Fund Request/ E1 Toro Airport (54) City of Newport Beach City Council Minutes March 27, 2001 INDEX acceptable to the City Attorney to support the Council's efforts to extend the John Wayne Airport (JWA) Settlement Agreement; 2) a modification to both agreements to make the contracts between AWG and CJE and their respective consultants and vendors require the consultants and vendors to comply with the grant agreements; and 3) making it clear that the public outreach program grant is limited to a maximum of $3.54 million. Council Member Glover announced that the vote was two to one with Council Members Glover and Bromberg voting in favor of the recommendation and Council Member Heffernan voting against it. Dr. Virgil Galey, 211 Via Ravenna, member of AWG, stated his support for the funding. He stated that the battle with South County is difficult and the funding will help get the message out. He stated that Lido Isle residents recently came up with approximately $40,000 to help support the effort for the nonexpansion of the John Wayne Airport. Ann Watt, 20261 Spruce Avenue, Santa Ana Heights, stated that there are two good reasons not to fund AWG and CJE, if their grant is to promote an airport at E1 Toro. Firstly, she stated that the City should have asked for requests for proposals from more than two firms. Secondly, she stated that since the consulting firm that was hired to campaign against Measure F failed, additional funding is not deserved. Ms. Watt stated that AWG's role is to fight the expansion of the John Wayne Airport, while the Orange County Regional Airport Authority's ( OCRAA) role is to promote the use of El Toro for a regional airport. Ms. Watt stated that the City Council is placing too much trust and faith in AWG. She suggested that the City look at firms that have no ties to Orange County or ulterior motives. She suggested that OCRAA be funded. Russell Niewiarowski, Santa Ana Heights, agreed that some funding should go to OCRAA, as they are the organization that is most likely to make a positive difference in getting an airport at El Toro. He noted that the AWG and CJE agreements state that they only need to spend the money on work related to the proposed commercial aviation reuse of El Toro, which leaves it unclear on whether money is going to John Wayne Airport or El Toro or both. Mr. Niewiarowski additionally suggested that the east/west runways need to be removed from the plans and everyone needs to work together towards a unifying theme that works. Tom Naughton, 1700 Port Margate Place, presented a slide illustrating John Wayne Airport departures in May, 2000. He stated that there have been a number of misconceptions about what can be used as an airport in Orange County, indicating that some believe that John Wayne Airport could accommodate the needs of the region. He noted that some of the beliefs held by the El Toro Re -Use Planning Authority ( ETRPA) are incorrect. He stated that ETRPA at their meeting the day prior took steps to support Measure F. Mr. Naughton stated that he presented the departures slide to the Orange County Board of Supervisors earlier in the day, as well as the slide he presented next, which was an illustration of the John Wayne Airport arrivals in May, 2000. Volume 54 - Page 180 City of Newport Beach City Council Minutes March 27, 2001 INDEX Bruce Nestande, 119 Via Jucar, stated that the interests of the citizens in Newport Beach are being jeopardized by the actions of ETRPA. He stated that CJE has been involved for many years in the promotion of a dual - airport system. He stated that WE has been a good steward of the funds and feels that the citizens of Newport Beach would support the City Council's continued involvement in seeking the expansion of the settlement agreement in conjunction with a second airport at El Toro, along with a vigorous public information program. Charles Griffin stated that the funding for the airport is a complex situation. He stated that oversight should be provided on the use of the funds and the public should understand how the money is to be spent. He agreed that OCRAA should be funded and a reasonable alternative should be studied by the County. He stated that an alternative plan could work from the north in El Toro or other approaches using the Global Positioning System (GPS). He stated that the airlines need to be encouraged to use the GPS technology. Mayor Pro Tem Ridgeway stated that the City supports a dual - airport system and El Toro needs to remain as an alternative. He stated that OCRAA will be doing the regional airport planning, while part of the expenditures being proposed at the current meeting will be spent on education of the extension of the JWA Settlement Agreement. Mayor Pro Tem Ridgeway stated that as uncomfortable as it may be, the City has to live with its current partners. He confirmed that there is oversight, but he has the same doubts as many of the speakers. Per the request of Mayor Adams, City Attorney Burnham described the nature of the agreements. City Attorney Burnham stated that the agreements have a substantial amount of oversight and noted the public outreach program, which requires that all material be approved by the City Attorney and the City Manager prior to distribution. He stated that there is also stronger accounting and reporting requirements than in prior agreements, and specific restrictions on what the grant funds can be used for. Mayor Adams additionally noted that the agreements are set up in such a way that the City Council can still retain other firms, if necessary. Council Member Heffernan stated that he feels that the proposed action is the wrong direction for the City to be taking at this time. He stated that he is not soft on the airport issue, but feels that AWG and CJE have a harsh reputation in the County and should not receive additional funding from the City. Council Member Heffernan pointed out that the statutes state that once a new initiative is certified and can be distributed for signatures, the City can't spend any more money opposing or supporting it. He also objected to the poor oversight of the past grants and feels that the City could be liable for the inappropriate use of public funds. Additionally, he stated that AWG and WE had poor performances in the past and the City should have sought bids from other firms. Council Member Heffernan stated that he doesn't feel that AWG or CJE will follow the terms of the City's policy. He also disagreed with the fact that there is no coordination with the money being proposed for AWG and CJE, and that being sent to OCRAA. Lastly, Council Volume 54 - Page 181 City of Newport Beach City Council Minutes March 27, 2001 INDEX Member Heffernan stated that the past messages from AWG and CJE have been too aggressive. Mayor Pro Tem Ridgeway stated that the City is in a time element that dictates different actions. He stated that the City's policy is to continue with the airport agreement. He stated that everyone should feel reenergized by the recent actions of ETRPA. Council Member Glover stated that she is looking for a solution. She stated that the City Council is working with staff and the Orange County Board of Supervisors to extend the JWA Settlement Agreement. She added that the Board of Supervisors are giving OCRAA $5 million and she respects them for doing so. She stated that both AWG and CJE have worked on the airport issue for a number of years, and will work in continuum with OCRAA. She stated that AWG and CJE have had some setbacks, but it is due to varying circumstances. She added that the airport issue can't be controlled. Council Member Glover stated that the City has to continue doing the best it can and spending the public funds responsibly. She, additionally, noted that nearly every legal battle has been won and El Toro still remains as an open option. Council Member Bromberg stated that he'd like those that support an airport at El Toro but oppose the City's approach to get behind the project. He stated that it is time for unity. Council Member Heffernan stated that he's a team player who looks at the horizon, and that the City is planning to commit itself to a lot of money and not in the most pragmatic way. Mayor Adams clarified that the proposed grant agreements are not wholesale grants, but are only modest initial grants with the remainder of the funds to be spent over the upcoming year. He stated that a determination on how to spend the majority of the funds will be made later and that this is only the start. The motion carried by the following roll call vote: Ayes: Ridgeway, Glover, Bromberg, O'Neil, Mayor Adams Noes: Heffernan Abstain: None Absent: Proctor MOTION FOR RECONSIDERATION — None. ADJOURNMENT — 10:35 p.m. The agenda for the Regular Meeting was posted on March 21, 2001, at 4:05 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 March 23, 2001, at 3:45 p.m. on the City Hall Volume 54 - Page 182 City of Newport Beach City Council Minutes March 27, 2001 INDEX Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secret Mayor City Clerk �RN1A Volume 54 - Page 183