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HomeMy WebLinkAbout01 - MinutesMarch 8, 1999 Agenda Item No CITY OF NEWPORT BEACH City Council Minutes ®���� Study Session February 22, 1999 - 4:00 p.m. INDEX ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 4, Audit Service Contract, Council Member Ridgeway asked how the fee for the next audit is negotiated. Acting City Manager Danner clarified that it is in the contract and that there is no increase in the proposed fee. Regarding Item 7, Backbay Drive Roadway and Bridge Approaches Repairs (C- 3180), Council Member Ridgeway asked when Backbay Drive will be opened. Public Works Director Webb stated that the construction project is complete; however, the delay is that there is water draining across the roadway which is not part of the contract. The City has not been able to get permission from either the Fish and Game Department or the Fish and Wildlife Service to clean out the drainage ditches so that there will be a road that will not have slippery water across it that may potentially cause the City a lawsuit. Regarding Item 9, Legislative Advocacy Contract with Ken Emanuels, Council Member Glover noted that Ken Emanuels also represents the Orange County League of Cities and asked how it is differentiated when the City is asking him to look at an airport issue. Mr. Danner stated that it is his understanding that the City is his first priority and that he will only work on airport issues for the City. Regarding his pay, Mr. Danner stated that he receives a $3,000 a month retainer. He emphasized that the City is particularly anxious to use him to help with some of the bay and dredging issues. Council Member Glover believed that some of these contracts should be looked at on an "as needed" basis. Regarding Item 14, General Plan Amendment 99 -1, Council Member Glover noted that, in the Planning Commission minutes, 341 LaJolla Drive had been turned down by the Planning Commission and asked if Council votes on that location tonight. Assistant City Manager Wood confirmed that Council will still need to vote on that location since it is a recommendation from the Planning Commission. Regarding the Newport Center, Council Member Glover asked if there will automatically be an EIR. Ms. Wood stated that she expects that an EIR will occur with a project of this magnitude and that Council can indicate what types of issues they want considered as part of the project. City Attorney Burnham stated that he suspects that, if Council tried Volume 52 - Page 353 City of Newport Beach City Council Minutes February 22, 1999 INDEX to initiate the Amendment, Planning Director 'Temple would perform an initial study and, if the initial study suggests that there is substantial evidence that the project could have a significant impact on the environment, then an EIR will be performed unless the impact can be mitigated by changing the project. Mayor O'Neil agreed that a full environmental examination through an EIR would be appropriate on this particular matter. In response to Council Member Ridgeway's concern, Mayor O'Neil believed that the City cannot direct the applicant to prepare an EIR but that they would need to go through the various steps. Further, he believes Council cannot initiate the GPA contingent on the applicant doing an EIR. Mr. Burnham stated that he is unsure if Council can or cannot require that. However, he knows the CEQA process and, if an initial study is conducted and if the study revealed that there was no significant impact, he is not sure what the environmental document would address. Council Member Glover suggested recommending an EIR for the Newport Center project tonight. Council Member Debay noted that the Planning Commission also made two other recommendations that it be a comprehensive plan to include properties not owned by The Irvine Company and the interrelationship between Newport Center and the airport area. She asked if this was something Council needed to pull off to recommend tonight that the recommendations be included. Ms. Wood concurred that it can be recommended if that was Council's desire. Council Member Ridgeway stated that there were recommendations made by the Planning Commission and asked if Council is reviewing the application for initiation or if Council is following their motion. Mayor O'Neil stated that Council has the opportunity to do whatever they want since those are just recommendations. 2. ANIMAL CONTROL. Animal Control (70) Captain Henisey utilized a PowerPoint presentation and stated that the City has been contracting with Dover Shores Pet Care Center, operated by Dr. Bauersfeld, for animal shelter operations for over 7 years and that it is categorized as a "pro- humane shelter" (all animals suitable for adoption are adopted). He reported that there has been certain circumstances in which euthanasia has occurred and that there are no "no kill shelters" that are operated by a municipality in Orange County. Captain Henisey felt that using the Dover Shores Pet Care Center has been cost effective for the City and that the City has received minimal complaints. He stated that Dr. Bauersfeld initiated a house program years ago in which he takes care of, provides medical care to, and keeps the animals that have gone through the shelter process until they are adopted by a family. Captain Henisey showed the Dover Shores facility, its amenities, and the direct costs for the shelter program ($290,000). He indicated that there are indirect costs because the animal control operation runs through the Police Department and the Administrative Services Department. He reported that there are almost 5,000 dog licenses in the City and that they last for 3 years. Further, there were almost 700 animals placed in the shelter in 1998; of which, 314 were returned to the owner, 246 were adopted through the shelter, 38 were adopted through the PAL program, and 79 either died in the shelter or were euthanized because they were either too ill, too injured, wild, or too violent. He reported that the shelter houses an average of 21 animals Volume 52 - Page 354 City of Newport Beach City Council Minutes February 22, 1999 INDEX per night throughout the year; there are 3 animal control officers and 1 supervisor; and the animal control officers handled almost 5,000 radio calls, 1,400 observation activities, and issued 900 citations. Captain Henisey showed the Irvine Animal Shelter. He stated that the shelter is operated by the community services department; was built for $3 million; and described the staffing and field operations. He reported that shelter operations total over $600,000, the animal control officers cost $300,000, and their revenue is $236,000. They lodged over 2,000 animals; of which, 500 were returned to their owners, 1,500 were adopted, and 242 were euthanized or died in the shelter. He stated that their euthanasia percentage is 11.1, compared to the City's 11.4, Captain Henisey showed the Mission Viejo Animal Shelter, which also has an urgent care facility, a fenced area, and a park so that the dogs can be released. He reported that the outside dog housing area is kept heated by heating the concrete underneath the animal. Further, they have canvas awnings that will extend out and over the outside of the building for shadelcovering. Cat housing is located within an office with roll -away cages, but they are planning to move the cats into the new outdoor pavilion. He stated that the shelter was built for $2.3 million; they provide service to Laguna Niguel; they plan to expand the cat facility for $300,000; operation costs are over $600,000; revenues are $300,000; and they had over 2,000 animals, of which 739 were returned to their owners, 1,100 were adopted, and 134 were euthanized. Captain Henisey stated that some cities will not deal with feral (wild) cats, but indicated Newport Beach does. Feral cats pose a problem but some can be domesticated and put up for adoption. Captain Henisey stated that Costa Mesa contracts with the Orange County Humane Society; has 2 full-time and 2 part -time animal control officers; and costs about $173,000. They placed 800 animals in the shelter; issued 300 citations; have over 6,000 dog licenses issued; and do not have a specific figure for euthanasia, but estimated approximately 10 percent for dogs and 30 percent for cats. Captain Henisey stated that one of the options would be to build and operate a City shelter at an estimated cost of $1 million for a modest shelter (housing an average of 21 animals a night and is expandable). This shelter requires a manager; the estimated operational cost would add $250,000 a year to the current expenses; and the City would receive additional revenues (more impounding and boarding fees) of approximately $100,000. He believed that there are outside sources for funding like the Tailwaggers Adoption Group Services (TAGS) and the Duffield Foundation. He emphasized that the focus should be on getting the animals adopted and that the City has been very pleased with Dr. Bauersfeld's success. He reported that the Duffield Foundation has seed money of $200 million to provide funding to municipalities and other groups to establish no kill shelters. Volume 52 - Page 355 City of Newport Beach City Council Minutes February 22, 1999 INDEX Captain Henisey reported that another option could be that the shelter could be built and operated by a non -profit group and the City can contract for services from that group. Or the shelter could be built by a non - profit group, in partnership with a private venture like a veterinarian office that can provide the staffing, and the City can contract with the group without having to go into the extensive capital costs. Captain Henisey indicated that another option could be to build and operate a shelter with another jurisdiction. He stated that the only jurisdiction that could be a potential partner would be Costa Mesa who is currently analyzing their own animal services operations and have sent out RFPs for their shelter services and animal control operations. He noted that they have no desire to increase their cost or amount of personnel they are responsible for. Captain Henisey reported that the option of contracting with the City of Irvine was examined in 1993 and that Irvine estimated their cost to the City to be $72,000 plus the cost of a staff member which could run about $50,000 to $60,000. He indicated that distance is a major factor as it could require up to 1.5 hours roundtrip for the City's animal control officers and will also be inconvenient for the community. Currently, Irvine will not be able to provide services because they rent out a portion of their facility to a wildlife rescue service and do not have the space to take on additional duties. Captain Henisey stated that the City should continue service with the Dover Shores Pet Care Center since it is cost effective, efficient, and has currently met the needs of the community, but noted that there are areas that can be improved and will be looked at. He believed that license costs and items like impound fees can also be looked at since they have not been increased for several years and especially in light of Senate Bill 1785 that becomes effective July 1. The City will also need to determine what impacts annexing Newport Coast may have on shelter operations. In response to Council Member Ridgeway's questions, Captain Henisey stated that the "no kill shelter" refers to all adoptable animals. He believed this mostly deals with large cities in which their euthanasia rates are very high to make an effort for all animals that go into those shelters to be adopted. That policy is in effect for shelters like Mission Viejo and Irvine, and is part of Dr. Bauersfeld's policy. Regarding the Duffield Foundation, an article he found specifically talks about developing a no kill shelter in which one of the goals would be to find each adoptable animal a home through several means and not euthanize adoptable animals solely for lack of space. Regarding space, Captain Henisey stated that the total capacity of Dr. Bauersfeld's facility for cats and dogs is about 100 cages/housing units. They have not reached that point and noted that Dr. Bauersfeld uses some of the housing units as storage facilities. He indicated that the assistants at Dover Shores will take the animals on a leash and walk them in the parking lot and the grass area but that there is no fenced area they can let dogs roam on their own. He assured that, for the 7 years the City has utilized their services, they have not had to euthanize an animal for lack of space. Regarding revenue from issuing citations, Captain Henisey indicated that fines and forfeitures are not broken out to specific violations; however, he estimates the revenue to be about $40,000. He stated that the City has the Volume 52 - Page 356 City of Newport Beach City Council Minutes February 22, 1999 INDEX same net cost as Mission Viejo even though they are able to own their own facility because the City has a high level of calls for service and a portion of the revenue goes to Dr. Bauersfeld to maintain the facility. Council Member Ridgeway wondered what the need was, as a city, for its own shelter if it only houses a few animals a night. In response to Council Member Noyes' questions, Captain Henisey explained that with SB 1785, shelter records would be made available to the public for a period of 3 years. The current contract only requires these records to be available to City staff. Dr. Bauersfeld's records, as part of his own private business, are not available unless he wants to make them available. Regarding the recommendations, Captain Henisey stated that he is not comfortable recommending that the City pay $1 million for a shelter, so the recommendations reflect some of the things that have to be looked at. He suggested providing direction to the groups to come up with a proposal or something concrete that the City can accept, like exploring the possibility of applying for a grant from the Duffield Foundation. This may require some assistance from the Police and Administrative Services Departments. In response to Council Member Ridgeway's question, Captain Henisey stated that the Mission Viejo shelters administrative building is about 4,000 square feet and the outside dog area is about 4,000 square feet. Dr. Bauersfeld's operation is about 3,000 square feet. In response to Council Member Adams' questions, Captain Henisey explained that the land for the Mission Viejo shelter was donated and that their cost is only for the building and facilities. Regarding the $1 million estimate for a City shelter, he stated that this does not include the cost of the land. He indicated that prior to using the Dover Shores facility the City contracted with the Newport Harbor Animal Hospice. In response to Council Member Glover's questions, Captain Henisey discussed how this issue came about. Council Member Glover suggested looking at the Orange County facility if the groups are unhappy with the current situation. Captain Henisey stated that part of the City's issue is that it needs something that is geographically acceptable as there are many animals that get transported. Council Member Glover noted that she has never encountered a complaint and is trying to identify the problem. Captain Henisey assured that there is no problem with Dr. Bauersfeld, but that there are concerns that there is a private veterinarian who is making decisions about the well -being of the animals that would stay in the shelter beyond the time period in which the City is responsible for them. Gregory Ruzicka, 1620 Kings Road, Attorney for TAGS, thanked Captain Henisey for his efforts in preparing the animal shelter report. He believed that everyone is in concurrence that the shelter is adequate but there is clearly room for improvement. He realized that fiscal restraint is the significant barrier to obtaining their ultimate objective. Mr. Ruzicka noted that TAGS gathered 2,961 signatures in support of their endeavor and even has Marian Bergeson's support. He reported that the Duffield Foundation grant application process will be commencing in a few weeks and requested a commitment from the City to furnish whatever support TAGS needs to Volume 52 - Page 357 City of Newport Beach City Council Minutes February 22, 1999 INDEX represent to the Duffield Foundation. He expressed the opinion that this is a very unique window of opportunity that should not be missed and reported that it is TAGS' intention to bare a substantive onus of perfecting the grant application and try to minimize the City's efforts. He requested that Council agree to calendar this issue on a recurring basis so that they can keep Council updated on the grant process; that Council agree to establish a no kill shelter if TAGS is able to come up with some of the funding; and that Council agree to find the land as he disagreed with the staff report stating that there is an unavailability of City land at this time. Mr. Ruzicka also requested that Council establish some type of citizen committee to work in conjunction with Council to refine the details. In response to Council Member Ridgeway's questions, Mr. Ruzicka stated that the grant application is still not available but they have made inquiries and are on the top of the list when the application is out, He indicated that, if it is a 501.C.3 situation, he has had the paperwork ready to commence this process for the last 2 months. The applicant would be either TAGS, as an unincorporated association, or himself, under corporate, non - profit status. He believed that it would behoove their application to have at least a letter of support from the Mayor as he feels their group meets all the criteria. In response to Council Member Noyes' questions, Mr. Ruzicka stated that he is aware of the recommendations in the staff report and believed that they should pursue obtaining the Duffield Foundation grant. Sharon Cody, 27472 Capricho, Mission Viejo, former Mayor of Mission Viejo, believed that there are serious problems with the current shelter contract, particularly that the animals are being sedated for barking. She stated that he is doing that because his facility is not built to be a shelter, it is built to be a veterinary office. She reported that animals cannot be adopted before the 5 day period any way and, therefore, the animals mostly become part of the PAL program. Dr. Bauersfeld is then able to charge $260 for a puppy. The new Senate Bill indicates that no one can charge more than what is the standard charge at most shelters. Further, Dr. Bauersfeld's record keeping is a mess and people who are kind enough to adopt through the shelter should not be penalized by paying for every health problem due to neglect by the previous owner. Ms. Cody believed that the City needs a non - profit organization to conduct the fundraising so that the community can know where the funds go. She stated she would be willing to assist in any way she can, believing she can increase the revenue 3 times its current amount. She also noted that Mission Viejo's budget is less than Newport Beach's and that they pay less for their service. Motion by Council Member Rida'eway to continue the existing contract for animal shelter services with Dover Shores Pet Care Center; direct staff to: 1) continue to work with interested persons and community groups, as staffing permits, to address and improve existing shelter operations, 2) explore long -term strategies regarding the future of shelter operations, 3) work to improve adoption and care of animals housed in the City's shelter; and 4) review existing licensing, impound, and adoption fees and recommend revisions as appropriate; and encourage interested community groups to consider forming a non - profit entity, which could raise funds and potentially Volume 52 - Page 358 City of Newport Beach City Council Minutes February 22, 1999 build and operate a shelter facility, thereby becoming eligible for the contract. Council Member Adams suggested adding language to the motion relative to assisting with the Duffield Foundation grant application process. Council Member Ridgeway agreed to add authorizing the Mayor to draft a letter to facilitate a grant application to the Duffield Foundation as part of the motion. Dianne Pfaff- Martin, 2001 Port Albans Cir., The Community Animal Network of Newport Mesa, stated that she publishes The Community Animal Report and has sent everyone a copy. She discussed her operation and stated that since they have few animals in their shelter, they have expanded to include Costa Mesa. She stated that there is confusion that there is no Newport Beach shelter since it is in Costa Mesa and that The Community Animal Report has been able to give visibility to the Newport Beach shelter to help with adoptions. She agreed that the possibility of a no kill shelter that is funded by a non - profit group should be looked at; however, she believed that the focus should be on increasing adoptions in the current shelter and working on a strong volunteer program that allows people adopting the animals to understand what kind of animal they are actually adopting. Council Member Ridgeway suggested that the group lobby Comcast to have a one night a week, half hour program that shows the adoptable animals in the facility. Christienne Morgan, 216 Via Eboci, thanked Council for their support of TAGS' endeavors as it will make it easier to approach the Duffield Foundation for funds. In response to Council Member Debay's question, Ms. Morgan stated that she is not sure how much the Duffield Foundation will grant, but that it has been published throughout the country that they will initially donate a hefty amount and increase it if proven that every adoptable animal can be adopted. Mayor O'Neil clarified that Council cannot commit the City to providing funds, land, a building, and staff without knowing what would be involved; however, the City can submit a letter in support of the grant application. Ms. Morgan asked if staff can help find a location for the shelter in the meantime. Council Member Adams clarified that his vote is that the ultimate net operating cost to the City would be roughly equal to what the City is doing now. Without objection, the motion, as amended, carried by acclamation. 3. MARINAPARK PARCEL - TIDELANDS BOUNDARY. City Attorney Burnham reported that the tidelands boundary for most of the area abutting the lower bay were adjudicated in 12 superior court cases filed Volume 52 - Page 359 INDEX Marinapark Parcel - Tidelands Boundary (40173) City of Newport Beach City Council Minutes February 22, 1999 INDEX in the late 1920's. However, those cases did not resolve the tidelands boundaries for City -owned parcels; therefore, the Bay Club parcel, the City /County dock parcel, and the Marinapark parcel were not subject to those cases. To date tidelands boundaries that have not been adjudicated are determined by reviewing old surveys. In 1996, the City retained Bud Uzes to conduct a tidelands boundary survey (attached to the staff report) of the Marinapark parcel. Mr. Burnham indicated that Mr. Uzes was not happy with the accuracy of any of the surveys. However, Mr. Uzes believed that the Finley survey was the most representative of the line of mean high tide, known as the U.S. Government Meander Line, and that, to some extent, there is some support for Mr. Uzes' conclusion that the Meander Line represents the best approximation of the mean high tide line. Mr. Burnham stated that the Marinapark lessees conducted their own research, believing that Mr. Uzes' report is not the definitive report and that there is evidence that suggests the park is uplands. He noted that one of their key points is that the boundary on the adjacent parcels was established, noting that the line of mean high tide was determined for the east side of the Marinapark parcel (Orange County Superior Court Case 23679 and 23682) and for the west side (with different cases). Mr. Burnham stated that it is fair to say that there is some evidence that the parcel is uplands and there is some evidence that a majority of the parcel is tidelands. He indicated that it would be in the City's best interest if the parcel was designated uplands to give Council greater flexibility in protective use of the parcel. Any revenues derived from the parcel would then go into the General Fund. In response to Mayor O'Neil's question, Mr. Burnham stated that he believes that the State Lands Commission has substantially all the information. Mayor O'Neil clarified that Council will not be making a determination tonight on whether the parcel is uplands or tidelands as that is up to the State Lands Commission. He stated that Council can suggest sending a delegation to Sacramento or instruct the City Attorney to write a letter indicating that Council supports the position that the parcel is uplands. Council Member Ridgeway noted that he resides on Parcel 12 (east of the property) but that he does not feel there is a conflict of interest since that parcel was adjudicated in the 1920's. Council Member Noyes stated that he remembered when this issue came up and believed there were at least 3 Council Members that were not comfortable with the recommendation that it was tidelands. He indicated that some type of ordinance was going to be introduced to state it was tidelands and that he and Mayor Pro Tem Thomson supported the parcel being uplands because of the value to the City. Council Member Ridgeway stated that he requested that this be brought up. He indicated that he supports Council recommending to the State Lands Commission that this parcel be designated as uplands and stated that the land use issue will follow. Volume 52 - Page 360 City of Newport Beach City Council Minutes February 22, 1999 INDEX Council Member Glover stated that it does not concern her whether the money goes into a tidelands fund at all and she would not be looking at this issue just so it goes into the General Fund since both funds are being used positively for the citizens. Mr. Burnham agreed, believing that the tideland expenditures are always for the public good and that the State Lands Commission has acknowledged that the City does an outstanding job administering tidelands. He clarified that his point in the staff report was that placing the funds in the General Fund gives the City more flexibility regarding land use issues and usage of revenue. Mayor O'Neil added that, if the State Lands Commission determines that the parcel is uplands, it would allow residential uses, such as a mobile home park. However, he emphasized that Council will not be taking any action on whether the City will be extending the lease of the Marinapark residents. A decision first needs to be made in Sacramento but Council seems to want to support a determination that the parcel is uplands. Council Member Glover expressed concern that homes in the Bayside Village will be expanding to second levels and requested that this be addressed. Mr. Burnham stated that, if the property were tidelands, that type of use would not be permitted. If it were uplands, in his opinion, the City could decide how properties can be used. However, he clarified that, if the property is owned by someone else, the City has no regulatory authority over the type of housing. John Rettberg, 1770 W. Balboa Blvd., Marinapark resident, stated that he supports Council's efforts to show that the area is uplands. He stated that they thought that when the State Lands Commission was approached that, because the land to the east and west were not tidelands, it would be uplands. He noted that the residents over the last year have been gathering information and believes that the research in the staff report will show that Marinapark is not on tidelands. He thanked Council Member Ridgeway for spending time with the residents and for taking action when he saw that the research they pulled together is in the best interest to the City. Cary Lowe, 12100 Wilshire Blvd., Los Angeles, Marinapark Attorney, stated that they put together quite a lot of material that has been submitted to the State Lands Commission staff. After several telephone discussions and one lengthy meeting, they were impressed with what was provided and are waiting for a final letter from him and his clients. He stated that they are holding out sending the letter to see how the discussion today came out, but was hoping to report to them that the City Council is in support of at least pursuing their position. Mr. Lowe stated that they are not advocating this because it is the expedient thing to do but because it seems to also be the right thing to do. He indicated that, legally, there is so much evidence amassed that supports that the site is uplands that it makes sense to ask the State to affirm that position. He pointed out that First American Title Insurance Company already issued a title policy insuring title in the property in the name of the City of Newport Beach without any qualification for tidelands status. This is a strong indication of the strength of the information compiled. He requested that Council support their request and Mr. Burnham's recommendation. Volume 52 - Page 361 City of Newport Beach City Council Minutes February 22, 1999 Peter Anderson, 1610 W. Oceanfront, stated that, if the City moves forward and asks the State to make the parcel uplands, the City will be under tremendous pressure to maintain Marinapark. He hoped the entire area will be looked at in another context, believing that the area should be used by the entire City. He expressed the opinion that the community would vote to have the area used for the entire community if the option were brought forward. Mr. Anderson stated that the last lease indicated that the area would specifically be used for a recreational area and that the residents would be expected to leave after the lease expired. He added that there are people in the community who do not believe that this is the best use for the community. Council Member Noyes noted that the City will not need to come up with options once the lease expires, adding that there is already a lot of pressure to put other uses on that property. Motion by Council Member Ridgeway to authorize the Mayor to send a letter to the State Lands Commission that supports a determination that the entire parcel is uplands. Without objection, the motion carried by acclamation. PUBLIC COMMENTS - None ADJOURNMENT - 5:47 p.m. The agenda for the Study Session was posted on February 17, 1999, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 362 INDEX CITY OF NEWPORT BEACH City Council Minutes ®���` Regular Meeting r/' February 22, 1999 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m. (Refer to separate minutes] CLOSED SESSION CLOSED SESSION REPORT PRESENTED - Mayor O'Neil announced that the matter entitled Aghdas Ghotbi v. City of Newport Beach, was settled for a total of $175,000.00. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance - Mayor Pro Tom Thomson. Invocation by Reverend Robert Parry (retired). MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Debay announced that the meeting to discuss the possibility of undergrounding utilities in the West Newport area will take place during the City Council's Study Session on March 8, 1999. Council Member Ridgeway announced that a review of the Parks, Beaches & Recreation Commission's decision regarding the hours of lighting at Lincoln Field would not take place at the current meeting. Council Member Noyes complimented the entire City staff for their extra effort during the City Manager selection process. He stated that the City Council would be conducting second interviews with the top three candidates on February 23, 1999. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING (GOAL SETTING CONFERENCE) OF JANUARY 30, 1999; ADJOURNED REGULAR MEETING (CLOSED SESSION) OF FEBRUARY 2, 1999; ADJOURNED REGULAR MEETING (STUDY SESSION) OF FEBRUARY 8, 1999; AND REGULAR MEETING OF FEBRUARY 8, Volume 52 - Page 363 City of Newport Beach City Council Minutes February 22, 1999 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION ADOPTION OF THE CITY'S 1999 LEGISLATIVE PLATFORM. Adopt Resolution No. 99 -10 adopting the City's 1999 Legislative Platform; and authorize the Mayor, on behalf of the Council, to issue letters consistent with the platform. CONTRACTS AND AGREEMENTS 4. AUDIT SERVICE CONTRACT. Grant an exception to Council Policy F -15 on Annual Audits by extending the current auditor's contract to a seventh consecutive year without going through a formal bid selection process (KPMG Peat Marwick). 5. AMERICAN RED CROSS SHELTER TRAINING AGREEMENT. Authorize the City Manager to sign and execute the Training Agreement between the City of Newport Beach and the Orange County Chapter of the American Red Cross. 6. TRAFFIC SIGNAL IMPROVEMENTS (C -3210) - COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 7. BACKBAY DRIVE ROADWAY AND BRIDGE APPROACHES REPAIRS (C -3180) - COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 8. 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT (C -3227) - AWARD OF CONTRACT. Approve the plans and specifications; award C -3227 to J.D.C. Engineering, Inc. of Rancho Cucamonga for the total bid price of $86,445 and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $8,400 to cover the cost of testing and unforeseen work. 9. LEGISLATIVE ADVOCACY CONTRACT - KEN EMANUELS. Authorize the Mayor to sign the proposed agreement with Ken Emanuels of Kenneth J. Emanuels and Associates for legislative advocacy services from March 1, 1999 through February 29, 2000 in the amount of $36,000. 10. APPROVAL OF BID FOR VOTINGISOUND SYSTEMS FOR THE COUNCIL CHAMBERS. Authorize staff to accept proposal of Bill's Sound and Security System for upgrades to the City Council Chambers sound Volume 52 - Page 364 INDEX Res 99 -10 City's 1999 Legislative Platform (48) C -2949 Audit Service/ Council Policy F -15 (38169) C -3256 American Red Cross Shelter Training (38) C -3210 Traffic Signal Improvements (38) C -3180 Backbay Dr. Roadway and Bridge Approaches Repairs (38) C -3227 1998 -99 Sidewalk, Curb and Gutter Replacement (38) C -3083 Legislative Advocacy Services (38) C -3257 Council Chambers City of Newport Beach City Council Minutes February 22, 1999 INDEX system; and authorize staff to accept proposal of Bill's Sound and Security Voting /Sound Systems for installation of a new voting system for the City Council Systems Chambers. (38) 11. BALBOA ISLAND FERRY RESTROOMS. Direct staff to proceed with the refurbishment of the Balboa Island Ferry restrooms at a cost of $29,100 and approve a Budget Amendment (BA -048) for $9,200 to supplement other funding sources used to complete the project. MISCELLANEOUS ACTIONS 12. PLANNING COMMISSION AGENDA FOR FEBRUARY 18, 1999. Receive and file. 13. ADMINISTRATIVE SERVICES BUDGET AMENDMENT (BA -047) IN THE AMOUNT OF $20,000. Approve appropriation of $15,000 to cover Acting Pay in the Administrative Services Department during the City Manager's absence and an additional appropriation of $5,000 for additional contract accounting services utilized to fund staffing underuns during this time period. 14. Item removed from the Consent Calendar by Council Member Ridgeway. 15. Item removed from the Consent Calendar by Council Member Debay. Motion by Mayor Pro Tom Thomson to approve the Consent Calendar, except for those items removed (14 and 15). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 14. GENERAL PLAN AMENDMENT 99 -1 — REQUEST TO INITIATE AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN AS FOLLOWS: a) 341 LA JOLLA DRIVE; b) 3000 THROUGH 3012 LAFAYETTE AND 514 THROUGH 520 31sT STREET (CANNERY RESTAURANT AND PARKING LOT); c) 260 NEWPORT CENTER DRIVE; d) BIG CANYON AREA 1 (SEA ISLAND COMMUNITY ASSOCIATION); e) 3443 PACIFIC VIEW DRIVE (HARBOR DAY SCHOOL); fj 1009 BAYSIDE DRIVE (SHARK ISLAND YACHT CLUB); AND g) NEWPORT CENTER. Council Member Ridgeway, referring to Item b), stated that the Planning Commission recommended that the Cannery Village Specific Plan be looked at overall in conjunction with the project. Council Member Ridgeway recommended, instead, that the project itself move forward as originally applied for, without first reviewing the entire Specific Plan. In reference to Item g), Council Member Glover recommended that the applicant have an environmental impact report (EIR) performed for the Volume 52 - Page 365 BA -048 Balboa Island Ferry Restroom Refurbishment (40/44) Planning (68) BA -047 Administrative Services Dept. (40) GPA 99 -1 341 La Jolla Dr./ 3000 to 3012 LaFayette & 514 to 520 31st St./ 260 Newport Center/ Big Canyon Area 1/ 3443 Pacific View Dr./ 1009 Bayside Dr./ Newport Center (45) City of Newport Beach City Council Minutes February 22, 1999 INDEX project. Mayor O'Neil stated that staff will also conduct an initial study to determine if the project has significant impacts. Council Member Glover additionally stated that the Newport Center area has four parts to it: those areas that are built -out, those that are entitled, those that are in the General Plan process or those being discussed at the current meeting. She stated that with the completion of these four moving parts, Newport Center will be completely built out. In addition to an EIR, Council Member Glover also recommended that the applicant hire an urban design firm to look at the entire Newport Center area. She stated that this should also include a look at the new development on Coast Highway and properties that are not owned by The Irvine Company. She stated that she wants to know if all of the elements are working together. Council Member Glover stated that the Newport Center area is one of the biggest contributors to the City, and she wants this to continue. She wants to make sure that the additional traffic caused by the new development does not deter customers from continuing to patronize the retail establishments. Council Member Glover also expressed her concern for Special Land Use Restrictions (SLUR) and the long -term implications. She is concerned that new owners may have to share their profits or receive approval from The Irvine Company to make changes to their properties. Mayor O'Neil confirmed with City Attorney Burnham that staff understands the City Council's desire for an EIR for Newport Center. City Attorney Burnham further stated that it is staff that determines if an EIR is required for a project and that staff will return to the City Council if one is not found to be required of this project. Mayor O'Neil further confirmed with City Attorney Burnham that the recommendation for an urban design firm could be made as part of the General Plan amendment process. Council Member Ridgeway stated that, at a bare minimum, the land use element and circulation plan would have to be addressed. Council Member Adams pointed out that the action is to initiate the General Plan amendments based on the recommendations of the Planning Commission, which includes a comprehensive planning effort. Motion by Council Member Ridgeway to initiate the amendments to the General Plan as follows: a) 341 La Jolla Drive: Not to initiate a proposal to change the land use designation from Single Family Residential to Two - Family Residential. b) 3000 through 3012 Lafayette and 514 through 520 310a Street (Cannery Restaurant and Parking lot): To initiate a proposal to change the land use designation from Retail and Service Commercial to Single Family Volume 52 - Page 366 City of Newport Beach City Council Minutes February 22, 1999 Residential for 11 lots, without waiting for the Cannery Village Specific Plan to be completed. c) 260 Newport Center Drive: To initiate a proposal to increase the development limit to accommodate a 323 square foot addition to an existing office building. d) Big Canyon Area 1 (Sea Island Community Association): To initiate a proposal to increase the dwelling unit limit to allow the construction of three residential units on an existing tennis court. e) 3443 Pacific View Drive (harbor Day School): To initiate a proposal to increase the development limit to allow the addition of a gymnasium to an existing school facility. 1) 1009 Bayside Drive (Shark Island Yacht Club): Not to initiate a lease- holder proposal to change the land use designation from Recreational and Environmental Open Space to Administrative, Professional and Financial Commercial to allow construction of an office building. g) Newport Center: To initiate a proposal to increase the development limitation for several areas of Newport Center as follows, incorporating the recommendations of the Planning Commission and Council Member Glover with regards to a comprehensive planning effort for the area; and including a study of the interrelationships between Newport Center, the Airport Area and the LCP as recommended by the Planning Commission: • Fashion Island: Increase the permitted development by 100,000 square feet. • Block 500: Increase the permitted development by 450,000 square feet. • Corporate Plaza: Increase the permitted development by 69,000 square feet. • Corporate Plaza West: Increase the permitted development by 101,000 square feet. • Block 600: Increase the permitted development to allow the addition of 150 residentiallresort units. • Avocado North: Establish entitlement to allow the development of day care and college uses. Council Member Debay clarified a couple aspects of the motion. Without objection, the motion carried by acclamation, 15. REPORT FROM MAYOR O'NEIL, COUNCIL MEMBER GLOVER AND COUNCIL MEMBER ADAMS REGARDING AIRPORT FUNDING AND GRANTS, Council Member Debay complimented the subcommittee for their work and apologized for her absence at the last two City Council meetings. She stated that, after some initial comments, she would be making a recommendation for some minor modifications to the subcommittee's recommendations. Council Member Debay expressed her desire for the entire Council to agree Volume 52 - Page 367 INDEX Airport Funding and Grants (54) City of Newport Beach City Council Minutes February 22, 1999 INDEX on, and understand, the airport issue. Council Member Debay handed out a memo to the City Council from Deputy City Manager Ducey, dated August 24, 1995, which provided information on the instructions given to Hill & Knowlton and Fleishman - Hillard. Council Member Debay pointed out that the consultants carried out all of the requirements. She stated that she wants the current City Council members to understand that there is much about the airport issue that they may not be aware of, such as the result of a consultant's contract or some of the discussions by prior City Councils that were not made public. Council Member Debay stated that her involvement with various outside agencies (including Southern California Association of Governments, Orange County Council of Governments, Orange County Sanitation District and Orange County League of Cities) has provided her with the opportunity to hear from City Council members of other cities. She stated that she has seen a drastic change in other City Council members' involvement in the El Toro Airport issue, and that she gives credit to the outside consultants for this shift. She expressed her belief that the show of unity and strength is very important to the airport issue. Council Member Debay continued by stating that she sat in on a meeting with Don Saltarelli, one of the outside consultants, and Bev Perry, Brea City Council Member and President of the Orange County League of Cities. She said that it was interesting to hear how Mr. Saltarelb presented the pro - airport stance to other cities and agencies, and the types of questions that he is being asked. Council Member Debay stated that the El Toro Airport Alliance has brought in a whole new group of people that have not been involved with the airport issue in the past. She said the Alliance is brand new and, among other things, could be very important in fighting the Anti -El Toro Initiative being proposed by South County. Council Member Debay disagrees with the subcommittee's recommendation to sever its tie to the Alliance so soon, before it has received full funding or staffing. She recommended a two -week delay in the City Council's action. She said that this will allow more time to gather information and make sure that no moves are being made prematurely. Council Member Debay stated that she would prefer that the support of the Alliance be phased out rather than just cut off. Mayor O'Neil stated that the subcommittee's recommendations are similar to what Council Member Debay is recommending, and he agreed that the consultants have accomplished their goals. He stated that the subcommittee does not want to do anything that will thwart the ability of the Alliance to do its work. Mayor O'Neil stated that the subcommittee's recommendations are positive and support an airport at El Toro. Council Member Glover stated that the subcommittee operated from what was presented at the City Council's goal setting session on January 30, 1999. She stated that the subcommittee is highly complimentary of the outside Volume 52 - Page 368 City of Newport Beach City Council Minutes February 22, 1999 INDEX consultants and that even more funds may be given to the airport cause in the future. She agreed that South County is making brilliant moves. Council Member Adams added that the recommendation by the subcommittee does not terminate the City's support of the Alliance, and he pointed out that many of the consulting contracts have already expired. Council Member Adams thinks the Alliance will be requesting funds at a future City Council meeting and that the City will support those requests. He does not feel that the subcommittee's recommendation does anything to stop the momentum that is already in place. Clarence Turner, 1507 Antigua Way, former Newport Beach City Council member, stated that he was angered when he read that the City Council was considering lowering its profile on the airport issue. He said he thought of all the time and effort that was spent by previous Council members to support the airport. Mr. Turner informed the City Council of some of the steps that have been taken since the 1970's, and that the City of Newport Beach has always been prepared to assert itself on the matter. He said that the City cannot sit back on the issue, but must be prepared to engage the opposition. Mr. Turner said that two staff members know the issue, City Attorney Burnham and Deputy City Manager Ducey. He feels that Deputy City Manager Ducey should not be pulled from the Alliance. He said that the Alliance has the ability to reach those groups that have not yet been reached. Mr. Turner stated that the subcommittee's recommendation appears that it is pulling its support of the Alliance. He agreed with Council Member Debay that the action should be postponed for two weeks. Council Member Adams stated that he understands Mr. Turner's concerns, but doesn't feel that he characterized the subcommittee's recommendations correctly. Council Member Adams stated that the consultants' contracts have already expired and that the subcommittee is only recommending that the Board of Directors of the Alliance make the decision on whether to pick up those contracts. He added that Mayor O'Neil will be one of those board members. Council Member Adams stated that he will be open to the Board's future recommendations for staffing and funding. Mayor O'Neil stated that the subcommittee is not doing anything in opposition to Mr. Turner's or other pro - airport efforts. Mayor O'Neil stated that the subcommittee is in support of the Alliance, and is only asking the Alliance to make the decisions on what funding and staffing they need, and then present the City with a proposal. He stated that he does not understand why the actions of the subcommittee would be interpreted as eliminating the Alliance. Mayor O'Neil stated that he has worked on the airport issue since 1971 and is committed to making sure that an airport is built at El Toro. Council Member Ridgeway asked Mr. Turner about the reason for a two - week delay. Mr. Turner responded that the delay would allow others that want to speak on the issue to voice their opinion. Council Member Adams expressed his concern that the two -week delay would cause the consultants' contracts to be in limbo. Volume 52 - Page 369 City of Newport Beach City Council Minutes February 22, 1999 INDEX Mayor O'Neil stated that he does not want to send the wrong message to the community, but that he feels that the action before the City Council is the correct thing to do. Council Member Glover stated that she feels that many different groups can contribute to the airport effort and that the City is committed to continue, and even increase, its commitment. Council Member Glover thinks that the only disagreement is in the process for getting there, but that many people feel the subcommittee's approach is a positive one. Mr. Turner stated that he is prepared to work with the City Council and would like to see them commit themselves to the Alliance. Council Member Glover said that it is a multifaceted approach and nothing is being done behind closed doors. Motion by Council Member Debay to delay action on the item for two weeks, so that the recommendations of the subcommittee can be more clearly understood by the City Council and the community. Council Member Debay stated that she has heard rumors about the role of Deputy City Manager Ducey. Council Member Debay stated that until there is funding or staffing for the Alliance, it is premature for the City to cut loose from it. Motion failed for lack of a second. Motion by Mayor O'Neil to approve the recommendations of the subcommittee, as follows: 1) That the City provide Royce Communication with written notice of the City's intent to terminate the lease of the Task Force Office; 2) That the City give written notice to the City's airport consultants of the City's intention to terminate direct contractual employment relations; 3) That the City Council consider, and in appropriate cases approve, proposals for funding submitted by the Alliance after review and evaluation by this subcommittee to determine, among other things, if the proposal is consistent with Resolution No. 99 -7; 4) That the City Council consider, and in appropriate cases approve, requests for funding by CJE, AWG or other pro - airport organizations upon submittal of a formal proposal accompanied by a plan and budget and after review and evaluation by the subcommittee; 5) That the City Manager: (a) authorize staff to continue to work with the Orange County Regional Airport Authority; and (b) submit to the subcommittee a summary of the anticipated costs associated with City support of OCRAA over the next twelve (12) months including salaries and benefits of staff; and 6) That the City Council delegate to the subcommittee the responsibility for continuing review of ongoing airport related issues and expenditures and report to the City Council on the status of pending airport matters on a regular basis. With Council Member Debay dissenting, the motion carried. Volume 52 - Page 370 City of Newport Beach City Council Minutes February 22, 1999 Council Member Ridgeway stated his support of the motion. He stated that requests from the Alliance can now be made, with everyone working towards the same goal. Later in the meeting, Mayor O'Neil also recognized two of the consultants in the audience, Don Saltarelli and Lyle Overby. Mayor O'Neil stated that he hoped the consultants understood that they had done an excellent job and that the City is not lowering its backing of an airport at El Toro. PUBLIC COMMENTS Philip Bettencourt, 110 Newport Center Drive, Newport Harbor Chamber of Commerce Civic Affairs Chairman, extended a personal invitation to the City Council to attend the 28th Annual Police Appreciation Breakfast to be held Tuesday, March 23-1999, at the Hyatt Newporter. He stated that the Chamber has a long tradition for honoring law enforcement, as well as fire prevention and protection. Teddi Alves, 9921 Big Sur Drive, Huntington Beach, expressed her dissatisfaction with the lack of organized crime response in Orange County. She stated that her home was burglarized, and that she was told the stolen jewelry would be used to buy drugs. Ms. Alves stated that she had to go to each Police Department in the County on her own with photos of her jewelry and, although she complimented the City of Newport Beach Police Department, she was discouraged that there was no link between the various police departments. Bob McCaffrey, 1410 South Bay Front, spoke about the dredging being done near his home and the placement of the rocks that are being moved. He suggested that the City should have contacted the residents in the area before moving any rocks, since the residents understand the surges. Mr. McCaffrey stated that the entrance to Grand Canal has been narrowed and that a lot of the beach area has been taken away. He said the City has created an attractive nuisance and a liability. CONTINUED BUSINESS 16. UNSCHEDULED VACANCIES ON THE PLANNING COMMISSION (contd. from 1/25/99 and 2/8/99). Mayor O'Neil announced that there are four candidates (Barry Eaton, Mark Hoglund, Larry Tucker and Hal Woods) for the two Planning Commission vacancies and that the City Council members will vote by paper ballot. Council Member Ridgeway suggested that the candidate with the highest number of votes fill the longer -term vacancy, and all agreed. By the following vote, Larry Tucker was appointed to the Planning Commission for the term expiring June 30, 2002 and Mark Hoglund was appointed for the term expiring June 30, 2000. Volume 52 - Page 371 INDEX Planning Commission Vacancies (24) City of Newport Beach City Council Minutes February 22, 1999 • Barry Eaton, two votes (Adams, Noyes) • Mark Hoglund, four votes (Glover, Thomson, Ridgeway, Noyes) • Larry Tucker, six votes (Adams, Glover, Thomson, O'Neil, Debay, Ridgeway) • Hal Woods, two votes (O'Neil, Debay) Mayor O'Neil congratulated the appointees and thanked all of the candidates. He encouraged those not appointed to stay involved and continue to apply for future vacancies. CURRENT BUSINESS 17. CREATION OF AN AD HOC COMMITTEE ON RESORT TAX POLICIES. Mayor O'Neil introduced the item by stating that at a previous City Council meeting, there was a discussion about extended stay hotels and the popularity of timeshares. He stated that he felt it was appropriate to form a committee to deal with transient occupancy tax (TOT) and how possible shortfalls might be covered. Council Member Noyes spoke in support of the formation of the committee. He stated that the evaluation of the City's ability to impose occupancy taxes on timeshares is particularly timely in light of the current Newport Dunes proposal. He stated that he would like the City Council to consider slightly expanding the duties of the committee, by having the committee use the Newport Dunes proposal as a case study. He stated that by doing this, more meaningful recommendations can be made to the City Council. Motion by Council Member Neves to adopt Resolution No. 99 -11 (amended to include the Newport Dunes proposal as a case study) creating the Ad Hoc Committee on Resort Tax Policies; direct the Committee to complete its work within 120 days; and confirm Mayor O'Neil's appointment of Council Members Noyes and Ridgeway and Mayor Pro Tem Thomson to serve on the Committee. Without objection, the motion carried by acclamation. 18. REPORT FROM COUNCIL MEMBER GLOVER REGARDING THE NEWPORT BAY /SAN DIEGO CREEK WATERSHED FEASIBILITY STUDY. Council Member Glover stated that she served on the Newport Bay Executive Watershed Committee and wanted to take the opportunity to make the City Council aware of what was happening in the bay. She stated that the City is constantly working to improve the water quality in the bay. Council Member Glover stated that the Newport Bay Watershed Feasibility Study will identify projects in the entire watershed, which includes the Santa Ana Delhi Channel and the San Diego Creek. She said the efforts of the study will help to prevent pollutants from reaching the bay. Volume 52 - Page 372 INDEX Res 99 -11 Resort Tax Policies Ad Hoc Committee/ Taxes (24/40) Newport Bay/ San Diego Creek Watershed Feasibility Study (51) City of Newport Beach City Council Minutes February 22, 1999 Council Member Glover stated that another study, the Upper Newport Bay Feasibility Study, is already underway and is attempting to identify and recreate the optimal bay ecosystem. She said the efforts of the study are to restore the bay, and should propose major dredging and restoration projects. Council Member Glover said this will also include working to obtain the federal funding to do these projects. Council Member Glover provided an update on the dredging project, the eelgrass restoration and various other projects. She stated that she would be happy to provide the City Council with additional updates in the future. Council Member Glover thanked the County, Supervisor Wilson and his assistant, Holly Veale, County Staffers Larry Paul and Tom Rossmiller, and Jim Hutchinson of the Army Corps of Engineers for their hard work and cooperation in protecting and enhancing Newport Bay. Motion by Council Member Glover to approve, in concept, the final draft of the Project Study Plan (PSP); confirm the City's intent to enter into a cost sharing agreement that equitably distributes the local funding share among public entities in the watershed; and authorize the Mayor to send a letter to the Board of Supervisors, the Executive Watershed Committee and the Army Corps of Engineers advising of this action. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT — at 5:15 p.m in memory of Glen Stillwell. The agenda for the Regular Meeting was posted on February 17, 1999, at 3:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 373 INDEX CITY OF NEWPORT BEACH City Council Minutes �K , \A�� Special Meeting February 23, 1999 - 2:30 p.m. INDEX ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None CLOSED SESSION Adjourned to Closed Session pursuant to Section 54957 of the Government Code to consider the appointmentlemployment of a City Manager. CLOSED SESSION REPORT PRESENTED — None PUBLIC COMMENTS — None ADJOURNMENT — 7:45 p.m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The agenda for the Special Meeting was posted on February 16, 1999, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 374