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HomeMy WebLinkAbout03/13/2001 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 13, 2001 - 7:00 p.m. - 5:00 p.m. CLOSED SESSION - 5:15 p.m INDEX CLOSED SESSION REPORT - Mayor Adams announced that Council unanimously authorized the City Attorney to proceed with a validation action regarding the agreement between the City and the Irvine Ranch Water District (IRWD) related to the Newport Coast annexation; and unanimously approved an amendment to the existing agreement related to the validation action. RECESSED AND RECONVENED AT 7:15 P.M. FOR REGULAR MEETING ROLL CALL Present: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Absent: None Pledge of Allegiance - Council Member Glover. Invocation by Youth Pastor Charles Schroeder, Lighthouse Coastal Community Church. 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 requested that his future agenda item request be corrected in the minutes of the February 27 Council meeting to include that discussions of Council appeals of Planning Commission decisions be limited to the appealed issues brought up by the Council Member. • Council Member Heffernan requested a report regarding the personal liability of Council for decisions they do or do not make. • Council Member Heffernan requested that a study session item be generated regarding the immediate annexation of the Banning Ranch Project and its impacts on the City, especially if there is no 19th Street Bridge over the Santa Ana River. • Mayor Pro Tem Ridgeway requested a future agenda item regarding the City's sign regulations and possibly forming a subcommittee on this issue. • Mayor Pro Tem Ridgeway requested a report regarding the Open Space Element of the General Plan at a future study session. Mayor Adams asked staff to also include ways to ensure that current dedicated open space, particularly CIOSA open space, is protected from actions of future City Councils; and explore the possibility of the City initiating a ballot measure Volume 54 - Page 147 City of Newport Beach City Council Minutes March 13, 2001 that designates these parcels and requires that any future changes to these parcels be authorized by the electorate. Motion by Council Member Glover to move the Oral Reports from the City Council on Committee Activities and the Planning Commission Agenda (Item No. 1) and Oral Status Report to after the Public Comments. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None Mayor Adams requested that staff bring back a Council Policy at the next meeting to make this a permanent change. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 27, 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. RESOLUTIONS FOR ADOPTION 4. Removed at the request of Council Member Heffernan. CONTRACTS AND AGREEMENTS 5. Removed at the request of Council Member Heffernan. 6. AMENDMENT NO. 1 TO THE TRAVELTIP PROGRAM COOPERATIVE AGREEMENT NO. C -0 -0170 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF NEWPORT BEACH. 1) Approve Amendment No. 1 to the TravelTip Program Cooperative Agreement No. C -0 -0170 between the Orange County Transportation Authority (OCTA) and the City of Newport Beach; and 2) authorize the Mayor and the City Clerk to execute Amendment No. 1 to the Agreement. BONITA CANYON SPORTS PARK (C -3270) - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GEOSOILS, INC. Authorize the Mayor and the City Clerk to execute Amendment No. 1 with Geosoils, Inc., increasing their contract from $23,492 to $35,412 for additional construction geotechnical support. Volume 54 - Page 148 INDEX C -3342 TravelTip Program (38) C -3270 Bonita Canyon Sports Park (38) City of Newport Beach City Council Minutes March 13, 2001 8. CORPORATION YARD BUILDING "O" - AWARD OF CONTRACT (C- 3376). 1) Approve the plans and specifications; 2) award the contract (C -3376) to Lacy Construction for the total bid price of $97,891 and authorize the Mayor and the City Clerk to execute the contract; 2) establish an amount of $10,000 to cover the cost of testing and unforeseen work; and 3) approve a budget amendment (BA -035) to transfer a total of $67,000 from three accounts to Account No. 7011- C3120363. 9. AIRBORNE LAW ENFORCEMENT (ABLE) JOINT POWERS AGREEMENT REVISION. Approve the revision to the Joint Powers Agreement between the cities of Newport Beach and Costa Mesa continuing the existing ABLE program. 10. Removed at the request of Council Member Heffernan. MISCELLANEOUS ACTIONS 11. HARBOR & BAY ELEMENT - PUBLIC OUTREACH. Approve staffs proposal for public outreach as outlined in the staff report. 12. BUDGET AMENDMENT TO INCREASE REVENUE ESTIMATES AND EXPENDITURE APPROPRIATIONS DUE TO LECTURE SERIES TICKET SALES, DONATIONS, AND FUNDRAISING EFFORTS ($40,851.25). Approve BA -033. 13. PROPOSED ADOPTION OF CIVIL SERVICE COMMISSION RULES AMENDMENT. Upon recommendation of the Civil Service Board, adopt the proposed amendment to the Civil Service Board Rules and Regulations, 501.2.3.3. Probation Period, C. Length; and 501.2.3.2. Other Appointments and Personnel Actions, D. Reinstatements. 14. SALARY ADJUSTMENT FOR SEASONAL LIFEGUARDS. 1) Approve a salary adjustment of 3.5% for seasonal lifeguards effective April 1, 2001; and approve a budget amendment (BA -036) transferring $14,000 from unappropriated reserve to Marine Safety Salaries - Temporary (2360- 7030). S20. TEMPORARY FIRE STATION IN SANTA ANA HEIGHTS - AUTHORIZATION TO ENTER INTO 2 -YEAR LEASE AGREEMENT WITH THE COUNTY OF ORANGE. Authorize the Mayor to execute a Lease Agreement with the County of Orange (and /or the Orange County Development Agency) to lease Agency -owned property at 2332 Bristol, 2301 Zenith, and 2331 Zenith for the placement of a temporary fire station serving the Airport Area and eastern Santa Ana Heights. Motion by Mayor Pro Tern Ridgeway to approve the Consent Calendar, except for the items removed (4, 5, and 10). The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None Volume 54 - Page 149 `�:� 0-3376 BA -035 Corporation Yard Building "O" (38/40) C -3011 AirBorne Law Enforcement (38) GPA 2000- 2/Harbor & Bay Element (45) BA -033 Lecture Series (40/50) Civil Service Board Rules and Regulations (66) BA -036 Seasonal Lifeguards (40/51) C -3401 Temporary Fire Station (38) City of Newport Beach City Council Minutes March 13, 2001 INDEX 1'1EM, KhAlOVE11 YHOA1 "1111 I:VN,1:NT UALENDAK 4. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT, Res 2001 -16 ANNUAL REPORT FOR 2001 -2002 FISCAL YEAR, DISTRICT Balboa RENEWAL, AND ADOPTION OF RESOLUTION OF INTENTION TO Village BID LEVY FOR 2001 -2002 FISCAL YEAR. (27) Assistant City Manager Wood reported for Council Member Heffernan that the matching funds have typically been about $140,000 and Council has previously approved a match to the Business Improvement Districts (BID) assessments. She reported that a portion of the money is first used for the professional administration of the BIDS and then the remainder is allocated to each of the BIDS. Motion by Mayor Pro Tern Ridgeway to 1) approve the Balboa Village Business Improvement District 2001 Annual Report; and 2) adopt Resolution of Intention No. 2001 -16 to levy and set public hearing for March 27, 2001. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 5. TRAFFIC SIGNAL INSTALLATIONS AND UPGRADES (C -3336) - C -3336 COMPLETION AND ACCEPTANCE. Traffic Signal Installation and In response to Council Member Heffernan's questions, Public Works Director Upgrades Webb stated that the signal at Port Sutton and San Miguel detects several of (38) the traffic legs by using a camera. He indicated that this device will only be used in the future under certain circumstances since the operation of the signal and detectors in the ground and in the air are virtually the same. Motion by Mayor Pro Tern Ridgeway to 1) accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 10. RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT. C -2160 Landscape In response to Council Member Heffernan's question, Christopher Cortum of Maintenance TruGreen Landcare, Inc., 983 Goldenrod in Corona, indicated that the (38) Volume 54 - Page 150 City of Newport Beach City Council Minutes March 13, 2001 contract amount for the fiscal year is about $268,000 and that this has been the same for the last 5 years. Motion by Council Member O'Neil to approve the contract agreement with TruGreen Landcare, Inc. to provide landscape maintenance of City medians and roadsides. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None PUBLIC COMMENTS Jim Hildreth, 120 The Grand Canal, believed that the City has been ignoring his public safety concerns relative to Residential Pier 80100011. He indicated that he cannot consider this matter closed without receiving assurances from the City that the City - installed ladder is safe. He requested copies of the ladder drawings and suggested that warning signs be placed on the ladder. He added that he has yet to receive the letter signed by Harbor Resources Division Manager Melum, dated June 24, 1976, that he requested on February 27. Ann Watt, 20261 Spruce Avenue, stated that she would like the City to advocate that the planning and infrastructure of airports be put in the regional and Federal arenas, since it is Congress who regulates interstate commerce. She expressed the opinion that the communities who refuse to take its share of air transportation be cut -off from Federal and State transportation funds. Further, those that also exasperate the problem by creating more demands on existing airports, building new homes and businesses, or turning a national asset into a taxpayer liability should suffer withdrawals of public funds. • Sue Cannon, President of the Divas of the Balboa Theater, stated that the Divas are a support guild of the Balboa Performing Arts Theater Foundation and have raised over $70,000 to reopen the Theater. She reported that they are holding an "Academy Awards Premiere" next week. • Nancy Olson, dressed as Marilyn Monroe, invited everyone to attend the "Academy Awards Premiere" and announced that tickets can be purchased at the Balboa Theater or by calling the Divas Hotline at 646 -5161. • Debbie Schweikert, dressed as Liz Taylor, reported that the "Academy Awards Premiere" is on March 24 at the Palm Garden and the tickets cost $100. She noted that she and Ms. Olson are dressed in character because there will also be celebrity look -alike contests. • Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, stated that he has been involved in the efforts to landscape the slope on Bristol Street at the John Wayne Airport, noting that it is currently proposed to be a concrete Volume 54 - Page 151 City of Newport Beach City Council Minutes March 13, 2001 INDEX retaining wall. He reported that Supervisor Cynthia Coad supports the effort and requested that Council also provide a letter of support. He added that Supervisor Tom Wilson's staff is also pitching for the effort. He asked that Council encourage the Airport Working Group to also get involved in this. Mayor Adams stated that authorization to sign the letter would need to come back to Council at the next meeting. Mr. Niewiarowski reported that the New Millennium Group is putting together a presentation on the El Toro OCXV Plan and requested that he be able to provide Council with a presentation at a future meeting. Mayor Adams indicated that this would be more appropriate during a study session and announced that all study sessions will now be televised by Adelphia. Allan Beek, 2007 Highland, supported Council Member Heffernan's request to put the Banning Ranch annexation on a future agenda. Philippe De Lespinay, 124 Via Yells, reported that the City issued a temporary permit for a new entrance at Lido Isle. He indicated that residents were opposed to this and even went before the Coastal Commission who ultimately defeated it. He noted that the City approved a round -about design and reported that this design has caused a 27% increase in accidents in Europe. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Glover reported that the Watershed Executive Committee (WEC) met on January 31, 2001 and is comprised of herself, Supervisor Wilson, IRWD, The Irvine Company, an environmental group, the Regional Water Quality Control Board, Department of Fish and Game, and the Cities of Newport Beach, Tustin, Lake Forest, and Irvine. She reported that WEC is charged with coordinating several aspects of Bay planning, including the two watershed studies done by the U.S. Army Corps of Engineers which are on schedule and the four Total Maximum Daily Loads (TMDL) developed by the Regional Board and the US Environmental Protection Agency. She provided updates regarding the four TMDLs: nutrient TMDL, sediment TMDL, fecal coliform TMDL, and toxic TMDL. Council Member Glover stated that she and Council Member Bromberg co- chair the Aviation Committee and that the Committee recommends that the City annex Santa Ana Heights in a timely manner. Mayor Adams stated that the General Plan Update Committee meets at 4:00 p.m. on the Mondays preceding the Council meeting at the Central Library. He reported that the Committee will be coming before Council in about four weeks with a recommendation on how to proceed with the one- year visioning process that would precede a General Plan Update and include an outreach program for community input. Council Member Heffernan stated that he is Chair of the Finance Committee, along with Council Members Bromberg and Glover. He indicated that they will be looking over the investment guidelines and policy changes, and that this will be brought back to Council. Mayor Adams indicated that he prepared some notes on the policy update and will provide Volume 54 - Page 152 City of Newport Beach City Council Minutes March 13, 2001 them to him. Council Member Bromberg stated that he is Chair of the Ad Hoc Arts and Education Committee with Council Member Heffernan and will report findings during Item No. 17. Regarding the Airport Issues Committee, Council Member Proctor reported that he will discuss this and make a recommendation during Item No. 19. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 1. PLANNING COMMISSION AGENDA FOR MARCH 8, 2001. Planning Director Temple reported that the Planning Commission approved the application (Item 1) with the condition that an off -site parking agreement be generated and an attachment be created between the building and the parking lot. She added that there was no opposition. Motion by Council Member Glover to receive and file the written report. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None PUBLIC HEARING 15. NEWPORT RIVERBOAT RESTAURANT, 151 EAST COAST HIGHWAY (CLAYTON SHURLEY, APPLICANT) - A REQUEST TO PERMIT OUTDOOR DINING IN CONJUNCTION WITH THE OPERATION OF AN EXISTING FULL - SERVICE RESTAURANT/ MUSEUM FACILITY. THE OUTDOOR DINING AREAS WILL BE LOCATED ON THE STERN AND BOW SECTIONS OF THE BOAT AND WILL BE USED FOR LUNCH AND EVENING FOOD SERVICE, CLOSING AT 10:00 P.M. Planning Director Temple reported that the restaurant is under new ownership and the City has received all of the certifications needed which shows that the new owners are aware of the use permit application and are willing to take on the responsibilities. Further, the owners agreed that the room adjacent to the Texas Deck would only be used for special events in which parties would not go later than 8:00 p.m. and cleanup would not go later than 9:00 p.m., and no music would occur adjacent to the deck. She indicated that they would still like outdoor dining on the stern deck. She added that revised conditions of approval have been prepared in the event Council approves the request tonight. Ms. Temple corrected the staff report, reporting that the net public area of the outdoor deck will be counted as part of the restaurant floor area. The new calculations still conform with the floor area contained in the Land Use Volume 54 - Page 153 INDEX Planning (68) UP 3684 Newport Riverboat Restaurant/ 151 E. Coast Hwy (88) City of Newport Beach City Council Minutes March 13, 2001 INDEX Element. Regarding noise, she reported that an environmental document is not needed since the community noise standards are contained in the Newport Beach Municipal Code and are fully enforceable. Regarding the ability to use the Texas deck as something other than a board room or meeting room, Ms. Temple stated that the area has historically been used as a banquet room, but could also be used as meeting space. Further, it has always been used for ancillary restaurant uses and is not limited through conditions of approval. In response to Mayor Pro Tem Ridgeway's question, Ms. Temple indicated that there are significant enough changes that could warrant sending this back to the Planning Commission. Mayor Adams opened the public hearing. Steve Shelton, 695 Town Center Drive, Costa Mesa, representing the appellants, stated that his clients do not mind if Council sends this back to the Planning Commission, especially since they want to review the new conditions of approval and learn more about the new owners. Motion by Mayor Pro Tem Rideewav to refer this item back to the Planning Commission. Mayor Adams expressed the opinion that Plexiglas is inappropriate as a sound barrier and believed that the Planning Commission should only allow materials that are approved by someone who knows about noise mitigation. Bill O'Connor, 90 Linda Isle, expressed support for sending this back to the Planning Commission. Even though the restaurant existed before the homes on Linda Isle were built, he stated that everything was contained inside the boat until two years ago. He added that the restaurant has consistently violated its Conditional Use Permit (CUP) and that the residents were never notified of the restaurant receiving a temporary CUP. Donna Viana, President of the Linda Isle Community Association, stated that she is surprised there are new restaurant owners and new conditions, and encouraged Council to send this back to the Planning Commission. She added that the temporary CUP was only granted to the restaurant because it was during the holiday season and believed they do not need it now. Robert Pike, 2888 Bayshore Drive, believed that outdoor dining would block their views and expressed concern that the restaurant would also need outdoor lighting. He added that charter boats also create considerable amounts of noise. Mayor Pro Tem Ridgeway expressed the opinion that the acoustical test that was conducted on December 2 during a cold night is unacceptable. Council Member Heffernan reported that the restaurant's wheelhouse was originally used for meetings between his father, who was the general counsel for the restaurant, and the restaurant's management. He believed that having something there would be changing its long- standing use. Volume 54 - Page 154 City of Newport Beach City Council Minutes March 13, 2001 John Gobbell, President of the Newport Harbor Nautical Museum, invited everyone to tour the Museum. He indicated that the Museum is there for educational purposes and not to generate noise or alienate its neighbors. He noted that the restaurant leases its space from the Museum and reported that they even have a restaurant committee. Wayne Eggleston, Executive Director of the Newport Harbor Nautical Museum, stated that he has not received a complaint in over 1.5 years and invited anyone to talk with them about their concerns. Mayor Adams closed the public hearing. The motion carried by the following roll call vote Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None CONTINUED BUSINESS 16. MEASURE S GUIDELINES. City Attorney Burnham reported that the conforming guidelines are attached to the staff report. He noted that they added a provision that was not part of the straw votes that gives Council discretion not to apply the guidelines to a situation if the guideline application would be inconsistent with the expressed purpose of Measure S, but indicated that this could be removed. Mayor Adams stated that, if staff and the applicant feel that the guidelines do not apply, the policy should be that the item comes back to Council for appropriate guideline modifications and that the change would require a 6l7 vote. Council Member Heffernan noted that he was not present when the straw votes were taken and suggested that the first letter of the terms be capitalized. Regarding the peak hour trip rate, Mayor Adams indicated that he now believes that this should be calculated using "rush hours" and noted that this figure would trigger Measure S. Further, instead of using the Institute of Traffic Engineer (ITE) Manual, he noted that he recommended generating a table to help determine the increased number of trips for every land use. However, since he rethought his definition of trip generation rate, staff was not able to complete the trip table, and believed that Council cannot vote on this without it. Mayor Pro Tem Ridgeway and Council Member Proctor believed that the remaining items can be voted on tonight and that the other issues can be brought back. Mr. Burnham reported that Council took a straw vote directing that the guidelines not include parking structures in the definition of floor area. However, he noted that Council also directed staff to provide language in this staff report that would include parking structures in the definition of gross floor area, if that was the Council's desire. Volume 54 - Page 155 Will Measure S Guidelines (68) City of Newport Beach City Council Minutes March 13, 2001 INDEX Phil Arst, 2601 Lighthouse Lane, Greenlight proponent, stated that he agrees with Mayor Adams' changes. He referenced a letter he emailed to Council and reviewed concerns relative to the number of votes required for Council to use its discretion regarding the applicability of the guideline and about post approval procedures. Mr. Burnham expressed concern relative to staff reports including an analysis of whether a General Plan Amendment (GPA) requires a vote since Council should only be considering if the GPA is the right land use and intensity for the site. He stated that he prefers that Council's land use decisions focus on things that have been traditionally relevant to whether a GPA is approved, noting that a vote of the people after Council approval has not been a consideration. He reported that the guidelines currently propose that, when an amendment is initiated, the Planning Director gives the applicant a preliminary analysis within 30 days of initiation as to whether the amendment would require a vote. Council Member Glover believed it would be appropriate for Planning Commissioners and Councils to understand the implications of the project. Mayor Adams noted that Measure S states that this process will occur at the end of the regular process; however, if a Measure S analysis is included in a staff report, he suggested that language be used that states that the governing body is not using this information as a considering factor. Mr. Arst believed that using the worst -case land use designations could increase the scope of smaller projects and the allowance for larger projects. Mr. Burnham pointed out that Measure S requires that Council take into consideration the maximum amount of traffic that allowed uses can generate, adding that, if there is no specification of a precise use in the existing General Plan, he feels that the highest trip rate of the permitted use should be used. He believed this would result in fewer elections. Mr. Arst noted that Council has the discretion to formulate the guidelines and judge the acceptability of GPAs, but asked that Council review requests with multiple amendments to ensure that all the entitlement for the area is not used. Mr. Burnham indicated that it would be inappropriate for Council to deny a GPA that takes up most of the entitlement within any statistical area and parcel it out. In response to Allan Beek's comments, Mayor Adams recommended that any discussions between Mr. Burnham and Mr. Arst be articulated at the next meeting. Mr. Beek noted that past GPA reports have been uninformative and asked when data about increased dwelling units, trips, and floor areas will be made available. Mr. Burnham agreed that it would be appropriate for staff reports to compare the current General Plan to the proposed General Plan. In response to Council Member Heffernan's question, Mr. Beek believed that parking structures contribute to intensity and should be included in the floor area definition. Motion by Mayor Pro Tern Ridgeway to continue the item to the March 27, 2001 meeting. City Manager Bludau noted that Council Member Proctor will not be in attendance at the next meeting. Volume 54 - Page 156 City of Newport Beach City Council Minutes March 13, 2001 motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None Mayor Adams recessed the meeting at 9:10 p.m. and reconvened the meeting at 9:20 p.m. 17. REPORT FROM THE CITY MANAGER REGARDING THE PROPOSED ARTS AND EDUCATION CENTER. City Manager Bludau reviewed the staff report and indicated that Council has the option to not pursue the Arts and Education Center (AEC) on this site; decide whether to consider the AEC at the time the Ad Hoc Arts and Education Committee makes a report to Council; or authorize the feasibility study with the future approval of study guidelines. Council Member Bromberg stated that he and Council Member Heffernan are on the Ad Hoc Committee and reviewed its responsibilities. He reported that both sides are very passionate about this issue and that this is not a vocal minority issue. He listed the organizations and groups who support a park, without an AEC; and those that are in favor of an AEC. He noted that the main issues deal with open space dedication, traffic, and library parking. He added that no one expressed opposition to an AEC, but just did not want it on the Newport Village site. Noting that his predisposition is that the site be a park with open space, Council Member Heffernan emphasized that the Committee was charged with assessing both options in six months. He stated that he did not want to set any criteria but to have both alternatives thoroughly studied. He believed that it is fair for both sides to conduct a study without City involvement, that information gathered today is preliminary, and that the Committee should move forward. Jan Vandersloot, Stop Polluting Our Newport (SPON), urged Council to keep this land as open space, especially since the Library Exchange Agreement of 1991 and the Circulation Improvement and Open Space Agreement ( CIOSA) of 1992 dedicated it as open space. He noted that the City owns the land and believed that it would be a perfect site for a passive park and satisfy the City's park deficiency in this area if it were turned into a park. He stated that, once Council stops the idea of having the AEC on this site, it will free the AEC supporters to find another site. In response to Council questions, Mr. Burnham reported that the CIOSA Agreement allows The Irvine Company (TIC), with the City's consent, to place senior housing on one of four open space sites and also allows the City to modify the Newport Village site with the consent of TIC. He indicated that he does not think the CIOSA document addresses whether an AEC would be consistent with an open space use; however, a passive park, even with parking, would be a consistent open space use. He confirmed that a passive park with parking that is also used for library overflow parking Volume 54 - Page 157 Arts and Education Center (62) City of Newport Beach City Council Minutes March 13, 2001 would also be permitted. INDEX Kent Valley, representing the Harbor Pointe Homeowners Association, complimented the City and TIC for how the Newport Center area was developed but hoped that an AEC is not developed on this site. He stated that no one opposes an AEC at another location. He added that people hope to have open space at this site without a parking lot since there is no greenbelt in the area. He indicated that he is unsure if the Board voted on this issue. Jim Wood, former Library Board of Trustee, stated that he hopes that dialogue continues on this issue. He reported that the AEC would not disrupt anyone's views since it would be built underground, including the parking structure which has a fagade roof. He believed that the City has ample open space, noting that the park standard of 5 acres for ever 1,000 residents has been achieved. He added that the City does not have a place for people to meet and share talents and experiences, and indicated that the request is only asking to survey the feasibility of an AEC. He expressed the opinion that that the Newport Village site is the perfect location for an AEC and cited locations throughout the country that have public buildings near parks. He noted that the $12 million would be a potential gift to the City to enhance the City's quality of life. Michael Turge, 2524 Ocean Boulevard, Chair of the Corona del Mar Residents Association, stated that the Association is opposed to the AEC on this site. He explained how the association and its board are comprised and reported that they feel this is an inappropriate site for this type of development. He noted that the Association overwhelmingly supports a passive park, not an AEC, on that site. Shirley Conger, 3033 Bayside Drive, stated that there is always an urge to fill open space and expressed her support for having a passive park next to the library. She noted that she is in favor of an AEC, but suggested having it at the Port Theater. Val Skoro, 1601 Bayadere Terrace, Chair of the Parks, Beaches and Recreation Commission, stated that, in accordance with State Code, a Recreation/Open Space Element of the General Plan was prepared by the Commission. He noted that a deficiency in open space exists in the Newport Center area and reported that the Commission unanimously voted last year to recommend that the entire Newport Village site be developed as a passive park with no athletic fields or lights, and that they would welcome Council approval and funding to begin this effort. Mr. Skoro reported that the Commission, at its March 6, 2001 meeting, unanimously voted to oppose a feasibility study for an AEC. Michele Roberge, Executive Director of the Balboa Performing Arts Theater, invited AEC supporters to join them on the Peninsula to merge visual and performing arts and make the area a cultural arts corridor. Louise Wehrli, 16 Swift Court, thanked Council, especially Council Member Proctor, for working with Senator Ross Johnson on Senate Bill 124 which will provide a park in West Newport. She added that that the Newport Village site is ideal for a central park due to its views and hoped that Council Volume 54 - Page 158 City of Newport Beach City Council Minutes March 13, 2001 INDEX votes to turn this site into a passive park and to conduct a study of other sites for an AEC. Jim Warren, 1201 Surfline Way, expressed opposition to placing a building on this site since most of the Arts Commission's activities occur indoors. He indicated that the City needs properties with views and requested that the property remain open space and become a passive park. He suggested connecting the AEC to the Art Museum where no views would be disturbed. Dennis Baker, 706.1/5 Begonia, stated that he is not affiliated with any group. He indicated that, even though he is involved in the arts, he is opposed to using up anymore open space. He requested that Council end any study that would use that site as anything other than open space. He stated that he will support an AEC, just not on that site. Roberta Jorgensen, Chair of the City Arts Commission, read a portion of the August 1969 Newport Tomorrow - Planning Goals for Newport Beach which discusses the vision of having a cultural center in the City that is jointly planned with the library. She requested that Council take action to advance the AEC which has been a need in the City for over 32 years. Dwane Clark, 52 Balboa Coves, referenced Mayor Adams' previous statement about placing open space items on a ballot and believed that this demonstrates the level of importance for preserving the site as a park under the 1992 CIOSA Agreement. He noted that the site could assist with the public park deficiency and provide ambience if it is wrapped around the library. He believed that an AEC should not be built on this site. Don Gregory, 601 Lido Park Drive, City Arts Commissioner, noted that they are only asking for 3 of the 12.5 acres and believed that the site is conducive to active recreational activities. He pointed out that some type of development was always contemplated on the site since it can be used for open space or senior housing, and stated that TIC is not opposed to having an AEC on the site. He emphasized that there is currently no funding or a committee for a park, but that the Arts Foundation has identified over $4 million for the AEC. He requested that Council allow them to conduct a study to determine the public's wishes and stated reasons why alternative AEC sites would not work. Virginia Herberts stated that it has always been the citizens' desire to keep the site open space even when she was on the PB &R Commission and added that senior housing is not going to be built there because of public opposition. She requested that Council preserve the site once and for all. Elizabeth Stahr, 4639 Roxbury Road, believed that traffic in that area will increase if an auditorium is built. She noted the responsibilities of the Library Board of Trustees and the City Arts Commission, and added that adjoining the AEC with the library would be in direct conflict with the Library Foundation's efforts to support the library. She requested that Council vote against building the AEC on this site. Lucille Kuehn, 1831 Seadrift Drive, requested that the City retain the site as open space in accordance with the Library Exchange Agreement. She reviewed the differences between a needs assessment and a feasibility study, Volume 54 - Page 159 City of Newport Beach City Council Minutes March 13, 2001 and believed that there is no need for an AEC since the Orange County Arts Museum and the PB &R Commission provide arts programs. She noted that there is a need for a larger auditorium in the City, but questioned if this was the best site. She added that she helped create the Newport Tomorrow and noted that it is outdated since it precedes the Newport Harbor Art Museum. Ms. Kuehn requested that Council maintain the site for future generations. Marie Mulroy, 1739 Candlestick Lane, believed that the AEC needs to be near the library because art and knowledge feed off of each other and requested that Council support exploring this option. Lyn Belasco, 310 Via Lido Nord, City Arts Commission, stated that she is in favor of a park/open space, along with the AEC. Ron Hendrickson, 1991 Port Claridge Place, pointed out that the City would ultimately be responsible for maintaining the building. Council Member Bromberg expressed the opinion that, as much as an AEC is needed in the City, this site is not the appropriate location. He believed that people in the Fashion Island area need a park and emphasized that property that is dedicated as open space should remain open space. He indicated that he supports having a full park and would be willing to help the City Arts Commission or Library Foundation find a proper location for the AEC. Motion by Council Member Bromberg to not pursue further consideration of the Center on the Newport Village site and terminate the ad hoc committee. Mayor Pro Tern Ridgeway indicated that he will not be supporting the motion because a feasibility study would have provided a greater cross - section of opinions. He believed that it would be premature to disband the ad hoc committee since there are alternative sites to look at, like the site north of San Miguel on Avocado. Mayor Adams noted that the ad hoc committee was formed to specifically look at the Newport Village site and encouraged Council to form a new committee if there is a need to look at alternative sites. Council Member Heffernan stated that he does not feel that the ad hoc committee has done its job and that the motion would shortchange its goal. Council Member Proctor stated that he supports having an AEC; however, the Newport Village site was dedicated and accepted as open space under the CIOSA Agreement. He indicated that he would support the motion. The motion carried by the following roll call vote: Ayes: Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: Ridgeway Abstain: None Absent: None CURRENT BUSINESS 18. FY 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT Volume 54 - Page 160 INDEX CDBG City of Newport Beach City Council Minutes March 13, 2001 SOCIAL SERVICE PROVIDER APPLICATION AND FUNDING REVIEW. Following a review of the staff report by Assistant City Manager Wood, Council Member Glover moved to provide direction to staff on the CDBG Social Service funding allocations to be included in the one -year Action Plan for FY 2001 -2002 as outlined in the staff report. The motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None 19. REQUEST FROM THE AIRPORT WORKING GROUP (AWG) AND CITIZENS AND JOBS FOR THE ECONOMY (CJE) FOR FUNDING TO IMPLEMENT THE EL TORO PUBLIC INFORMATION AND OUTREACH PROGRAM WITH REPORT FROM THE CITY MANAGER. City Manager Bludau reported that the Airport Working Group (AWG) and the Citizens and Jobs for the Economy (CJE) requested $3.69 million to fund a public informational effort regarding the need for a commercial airport at El Toro. He noted that staff has no recommendation on this matter. Dave Ellis, Airport Working Group, 11 Lyon, Newport Coast, reported that Irvine spent about $8.3 million and the El Toro Re -Use Planning Authority ( ETRPA) cities spent $6.25 million in its public outreach efforts to stop the E1 Toro Airport during fiscal year 1999 -2000. He stated that, of the $15 million raised, about $9 million went towards direct mailers, television ads, etc. He believed that the El Toro Airport effort is in trouble because Irvine and ETRPA mailed 30 brochures to 500,000 households. Bruce Nestande, Citizens and Jobs for the Economy, 119 Via Jucar, stated that Council has been a leader in fighting against John Wayne Airport (JWA) being the only airport in the County. He indicated that the County LRA is in its final phase of defining the airport project at El Toro and reported that a final decision will be made in September. He emphasized the importance of El Toro airport supporters defining the project. He further reviewed CJE's work relative to Measure A and the El Toro project. He indicated that the propaganda regarding El Toro's safety, noise, air quality, traffic, and aviation demand forecasts need to be corrected through a public information outreach project that is convincing by using facts and clearly articulates the fairness of a dual airport system in the County. He noted that JWA is on 500 acres and El Toro is on 5,000 acres that is surrounded by an 18,000 acre no -home zone. He stated that other public entities in support of commercial aviation at El Toro are stepping forward with a public information outreach program and emphasized the importance of the City joining the other groups now. He requested that the City support the proposed public information outreach allocation tonight. Volume 54 - Page 161 INDEX Social Service Provider (87) El Toro Public Information and Outreach Program (54) City of Newport Beach City Council Minutes March 13, 2001 INDEX Bonnie O'Neil, 314 Morning Star, emphasized that the airport issue is the most important issue facing the City. She added that the community is frustrated because they know the truth and know that a lot of people have bought into the misinformation and myths about El Toro. She urged the City to spend whatever it takes to get the truth out to the people and to get a public relations officer. Tom Naughton, 1700 Port Margate Place, reported that the Southern California Association of Governments (SCAG) is recommending that the Los Angeles International Airport (LAX) be held at its current capacity of 78 million passengers a year. He believed that this would force the demand someplace else, like to JWA, and that LAX would reach its capacity in three years. He stated that they need support and money to get the factual information out to the public at large. Shirley Conger, 3033 Bayside Drive, stated that she is a volunteer for AWG and that a study concluded that noise on Santa Ana Heights from JWA is devastating. Further, without an airport at El Toro, JWA would be expanded, noise and pollution would extend down the Bay, and a larger number of people would be effected. She believed that everything should be done to inform and educate the public. George Margolin, 1701 Irvine Avenue, stated that JWA will be expanded if there is no airport at El Toro and asked what would happen to open land and the City if this occurred. Ann Watt, 20261 Spruce Avenue, stated that she is a member of AWG and asked what the non - profit standing is for AWG; if AWG is a PAC; if it is legal to designate funds for a PAC; and what oversight the City would have if the dollars were designated to AWG for a public relations campaign. She reviewed 501 and 501 -C3 provisions and stated that the City should not provide fund to AWG, even though she believes AWG should only receive public funds. Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, believed that the City should conduct a Request for Proposals (RFP) for this, the City Treasurer should have direct oversight of the funds, and the City should decide the scope of work and direction it wishes to take the campaign. He asked if AWG and CJE are the proper authorities to win back public support for an airport at El Toro, believing that this should go to the Orange County Regional Airport Authority ( OCRAA) since this is a regional issue. He also asked if AWG and CJE are asking OCRAA members for the same amount of money. He noted that he is a member of another non - profit organization that will be competing for the same campaign money shortly. Council Member Proctor noted that March 8 marked his 18th anniversary on the JWA Commission. He stated that he has been watching ETRPA win this war because they have been spending the money and added that it is easier to stop an airport than it is to build one. He reported that E1 Toro is a $1 billion asset, but emphasized that El Toro will not become an airport or even a park if Measure A is defeated in March 2002. He stated that the truth is on the City's side, but it takes money to get the information out to the public. He pointed out that South County's efforts have been so successful that even the corridor cities that are affected by JWA flights are Volume 54 - Page 162 City of Newport Beach City Council Minutes March 13, 2001 U0 opposed to an airport at E1 Toro. Council Member Proctor believed that ETRPA started this fight because they recognized that the demand for air passenger capacity far exceeds what JWA and LAX can supply and is saying that expansion needs to happen at JWA. He added that ETRPA has even sent a court reporter to record what is being said tonight. He stated that the City needs to spend the money to educate the public. He believed that the City needs to convince the voting population of the appropriateness of a dual airport system, in conjunction with the JWA Settlement Agreement efforts. Motion by Council Member Proctor to direct the City Manager to set aside $3.69 million, of which, $150,000 is allocated to the Orange County Regional Airport Authority ( OCRAA) and the balance is to be granted and set aside to fund a public information program regarding the proposed E1 Toro airport; and direct the City Manager and City Attorney to prepare appropriate grant agreements to be brought back to Council and consult with CJE, and AWG regarding the terms and conditions of the grant agreements subject to approval by the Airport Issues Committee relative to the terms of each grant and a City procedure for oversight of the grant fund expenditures. At Mayor Adams' request, Council Member Proctor amended the motion to include that the City also consult with OCRAA regarding the terms and conditions of the grant agreements. Council Member Bromberg stated that the brochures that Mr. Ellis displayed were prepared by ETRPA who is the South County organization that intends to annihilate the City's lifestyle by expanding JWA. He added that they even passed a resolution to use any possible means to block Newport Beach from having the JWA Settlement Agreement extended. Council Member Heffernan stated that the City has been forced into a position of spending money and reacting to the barrage from South County. However, he reported that South County does not want to take any flights and wants to leave all the burden on the City. He corrected South County comments that the City wants to close JWA and have all the flights come out of El Toro, reporting that the City wants the El Toro airport to be of similar size with similar restrictions as JWA. He stated that, since there is a demand but supply is constrained, South County feels that the only solution is to expand JWA. He believed that as much money should be combined with OCRAA's money to have a united message carried on by a broad -based and professional public relations entity. He also suggested that any prior grant moneys that have not been expended be tied back into this so that the total can be augmented as needed. Council Member O'Neil stated that he is encouraged that the City is focusing on this issue and is prepared to use considerable amounts of money to get the truth out that the County does need another regional airport facility. He reiterated that, without El Toro, the burden will be placed on JWA. He noted that the JWA Settlement Agreement expires at the end of 2005 and that the City needs to continue to pursue this without lessening its resolve about El Toro. He assured the public that Council has not changed its position and are committed to protecting its citizens and making sure that El Toro becomes a reality. He noted that the City has spent considerable amounts of money in public education campaigns, but has not been as Volume 54 - Page 163 City of Newport Beach City Council Minutes March 13, 2001 successful as this proposed effort may be. He believed that AWG and CJE have the talent to find those that can help get the message out to the public. Council Member O'Neil reported that Board of Supervisors Chuck Smith, Jim Silva, and Cynthia Coad are working hard to make sure that the closure of E1 Toro is properly converted to a commercial airport facility. He stated that it is important that Council hears from its citizens and that they understand why the City is spending this money. Additionally, it is important that citizens attend the Board of Supervisor meetings and let the Supervisors know that their efforts are appreciated. He emphasized that this is the single, most important issue affecting the City's quality of life and that it could change after the March 2002 election. At Mayor Adams' request, Council Member Proctor amended the motion to also direct staff to include in the staff report the questions that Ann Watt posed. Mayor Adams clarified that money will be set aside and the final grant provisions will hopefully be brought back at the next Council meeting. The amended motion carried by the following roll call vote: Ayes: Ridgeway, Proctor, Glover, Bromberg, O'Neil, Heffernan, Mayor Adams Noes: None Abstain: None Absent: None MOTION FOR RECONSIDERATION - None. ADJOURNMENT - at 11:30 p.m. in memory of Mary Lou Hopkins Hornsby. xxx * * +� + * +♦r + *rrt +r + + + ♦tr +�tttt The agenda for the Regular Meeting was posted on March 7, 2001, at 3:30 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 9, 2001, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 54 - Page 164 INDEX