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HomeMy WebLinkAbout01 - June 28, 1999July 12, 1999 Agenda Item No. CITY OF NEWPORT BEACH City Council Minutes A Study Session DRAFT June 28, 1999 - 4:00 p.m. INDEX Present: Adams, Glover, Thomson, Ridgeway, Noyes, Mayor O'Neil Absent: Debay late (excused) /arrived at 4:50 p.m. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Adams' question regarding Agenda Item 3 (1999 Weed Abatement Program), City Manager Bludau indicated that 35 letters were sent regarding the abatement. Regarding Agenda Item 13 (Claims Administration Services for the General Liability Program), Council Member Adams asked what is the industry range in dollars per claim. Mr. Bludau indicated that he will get that information prior to the regular Council meeting. Regarding Agenda Item 14 (Lease Agreement with the Balboa Yacht Club), Council Member Adams pointed out that the lease is for 3 -years with an escalation in rent; however, there is no increase in the insurance minimums. Mr. Bludau indicated that some type of wording could be added so that the City could review the insurance every five years with an option to increase the requirements. Regarding Agenda Item 18 (Undergrounding of Overhead Utilities City Wide), Council Member Glover stated that she will not be pulling this item tonight but informed Council that she intends to pursue this in other ways. In response to Mayor Pro Tem. Thomson's questions regarding Agenda Item 20 (Purchase of Replacement Voice Logging Recorder/Reproducer System), Police Chief McDonell stated that the Police Department is the only department with the voice logging system. He indicated that the requested equipment is the most technologically advanced system to date and is Y2K compliant. He reported that the current voice logging system was only installed about four years ago but was discovered to be Y2K noncompliant. He noted that the company has taken responsibility for this since they indicated that the system was Y2K compliant and has given the City a large credit for the equipment. Chief McDonell confirmed that the current equipment was adequate, but that the new system has better data recovery features and a larger storage media. He believed that the new equipment should last the Police Department five to seven years. In response to Mayor Pro Tem. Thomson's question regarding Agenda Item 22 (Non- Linear Video and Audio Editing System), Chief McDonell stated that the equipment is the same concept as what they currently have, Volume 52 - Page 548 City of Newport Beach City Council Minutes June 28, 1999 but that the equipment they are requesting is essentially compressed into a computer terminal rather than a room full of equipment. He noted that the current equipment is 12 years old and the new equipment is state -of -the art. In response to Council Member Noyes' questions regarding Agenda Item 21 (Purchase of Replacement Mobile Laptop Computers), Chief McDonell indicated that this equipment is also the same concept as what they currently have but that it allows them to import the video from the mobile video system onto a window on the screen. He confirmed that they will have the capability to access information like arrest records from their vehicles. Chief McDonell stated that their goal is to be live with the new records management system in October, thereby giving them access to all the local arrest records. In response to Council Member Ridgeway's question regarding Agenda Item 10 (Award of Contract for C -3278 - Central Balboa Water, Sewer and Alley Improvements and West Newport Beach Sewer Main Replacement Phase II), Public Works Director Webb stated that construction will begin after September 15. He explained that the City normally does not do construction on the Peninsula during the summer, even though the award of contract is conducted during this fiscal year. He indicated that the contract price will be held until that time. Mayor O'Neil noted that each Council member has their own ballot to vote on the Board and Commission appointments (Agenda Item 28). He explained that Council will mark their choices and then the City Clerk will read the final tally. He stated that Council is using this method because the voting system does not afford Council any privacy during the moment of selection. 2. WATER QUALITYBACK BAY OVERVIEW Assistant to the City Manager Kiff stated that there is still a lot to look forward to regarding the Bay and the shoreline, even after the big dredging project ended. He noted that the Bay has more than a recreational value and is also home to many types of wildlife and grasslife (Attachment E of the staff report). Mr. Kiff pointed out that Attachment C of the staff report is an attempt to show who owns which portions along the Upper Bay between the City, The Irvine Company, the County, and the State. He believed that this type of ownership structure does not make sense. Council Member Glover expressed the opinion that the ownership structure is not all bad since the City does not have the money or resources to take over the entire Upper Bay. She indicated that she is a member of the South Coast Air Quality Management District and that, anytime there is a complex area, it entails a lot of complex issues with many agencies. Mr. Kiff clarified that areas like the Dunes, which are State tidelands administered by the County, should maybe be "swapped out" with the County for City tideland areas and have the County back -out of the Bay tidelands administration. He expressed the opinion that the City should be receiving the Dunes' lease revenue since there is no logical reason why the County still receives it. In response to Council Member Adams' questions, Mr. Kiff confirmed that the County is interested in discussing a big property swap with the City. Volume 52 - Page 549 INDEX Res 99 -45 Water Quality/ Back Bay (51) City of Newport Beach City Council Minutes June 28, 1999 INDEX • Mr. Kiff indicated that there are many stakeholders involved when Bay decisions need to be made (Attachment A of the staff report) and used the last dredging project as an example of how a project makes it to fruition. He stated that, regarding ownership, the waters in the Upper Bay belong to the State and is operated by the Department of Fish and Game; the County operates the nature preserve around the State's ecological reserve; and the State directed the County, as an operator of the State, to manage the dredging project. Regarding funding, City and County lobbyists worked on the legislators and ultimately received about $7 million. Mr. Kiff stated that several permits were needed from a number of agencies. He reported that the Santa Ana Regional Water Quality Control Board issues permits for any discharge of water or material into the Newport Bay Watershed; the Department of Fish and Game issues streambed alteration agreements with 36 different criteria to meet; the US Fish and Wildlife Service requires a Habitat Conservation Plan to make sure that the dredging does not upset critical habitat; the National Marine Fisheries manage projects below the waterline; the US EPA is in charge of LA -3 which is the spoiled dump site off of the Newport Pier; the AQMD is involved in the project operations due to the use of diesel fuel; and the Coastal Commission issues coastal development permits for any project along the coastal zone. Mr. Kiff stated that the County's Construction Division managed the dredging contractor and Larry Paul's Coastal Facilities Division did the overseeing, troubleshooting, and responding to citizen complaints. Mr. Kiff • explained that the US Army Corps of Engineers' dredger for the Federal Channel in the Lower Bay was the one who discovered that the Upper Bay dredger was dumping in the wrong location. He reported that Mr. Paul argued for a fine so that the Corps of Engineers could use the money from the fine to complete environmental studies required to make the LA -3 dumpsite permanent and usable. Mr. Kiff stated that the dredging project ended April 15 because of a nesting deadline set by the US Department of Fish and Wildlife. He reported that the project cost over $7 million and that about 850 cubic yards of sediment was removed. He emphasized that a basic project like this took a collective effort of about 63 different officers in 14 different agencies. Council Member Adams thanked Mr. Kiff for producing the staff report, explaining that this provides him a good ongoing resource on this issue. Mr. Kiff stated that Attachment D of the staff report explains the various groups that are concerned about Bay /water issues. He noted that the Watershed Executive Committee, which Council Member Glover is a member, keeps its eyes on the total maximum daily loads (rMDL) and two studies underway by the US Army Corps of Engineers; the Newport Bay Coordinating Committee is an open forum where anyone can discuss interjurisdictional issues involving the Bay; and the Harbor Committee focuses on improving water quality in the Lower Harbor. He reported that the Harbor Committee has been successful in starting a network of pump - out stations, sponsoring legislation related to enforcing Y -valve operations, and establishing a Bay training program. Mr. Kiff reported that the Harbor Committee has expressed a desire to refine their mission and responsibilities Volume 52 - Page 550 City of Newport Beach City Council Minutes June 28, 1999 INDEX to reflect a larger focus on the entire Bay and to better educate the City and region about water quality issues. Mr. Kiff indicated that the major laws that are followed are summarized in Attachment F of the staff report. He noted that a predominate law is the Federal Clean Water Act in which the National Pollutant Discharge Elimination System (NPDES) and the TMDL concept are included. He noted that Attachment F of the staff report also discusses the State Porter- Cologne Water Quality Control Act and the concept of a Regional Water Quality Control Board. Mr. Kiff reported that Attachment B of the staff report shows what the City is doing to comply with the laws. He noted that the Harbor Committee is working on a Harbor Element to the General Plan; a Special Area Management Plan (SAMP) will guide development throughout the watershed for wetlands and riparian areas; the Corps is conducting Upper Bay, Newport Bay Watershed, and shoreline studies in which the City is assisting with funding; the Department of Fish and Game is working on a management plan for their ecological reserve; the TMDLs for fecal coliform should be adopted by the State Board on June 30; and the State Water Resources Control Board Toxic Hot Spots Clean -Up Plan addresses areas within each watershed that have toxic contamination problems (there are 2 areas in Newport Beach). He also highlighted the dredging projects; designation of the LA -3 site; and beach water quality testing standards. Mr. Kiff noted that there is a new law (AB 411) which passed last year that measures water differently and will ultimately force more beach closures. He indicated that the City probably will not see beach closures right away, but that the City could avoid this by cleaning up the beach now and educating people upstream as to why there is this problem. He indicated that the problem is mostly due to urban runoff. Regarding TMDLs, City Manager Bludau noted that limits will be set in the total watershed area and that this will require tremendous amounts of testing to find out when the City is noncompliant. Council Member Glover stated that there are TMDLs because Defend the Bay asked the EPA to do what the Clean Water Act says is supposed to be done and that the TMDLs are new to the nation. She indicated that the Regional Water Quality Control Board has not had the standards that the City hoped for and that they are the enforcing agency that set the TMDLs. She stated that she continues to ask about set percentages of improvement but that there is no implementation plan. Additionally, that she asked if the cities upstream that are going to be contributing to the TMDL are going to build into their general plan with each new project, or use a part of CEQA to determine what the baseline is and what the contributing factors are. She stated that there is a price affixed to these and that the City is going to be funding a higher percentage to this than the cities upstream. She asked if the City will end up paying an inordinate amount in order to meet the requirements or have to close down businesses on the Bay. She asked if this will be part of CEQA or the EIR; how the City will determine if a land use is a contributing factor; and how this will be enforced. Volume 52 - Page 551 City of Newport Beach City Council Minutes June 28, 1999 . Council Member Ridgeway stated that the Harbor Quality Committee asked someone from the County Water Quality Division about the source of the TMDLs but was told that the source is unknown. He stated that Council tried to pass an ordinance to ban the feeding of birds because they were a cause of fecal coliform but that it was not passed because this could not be proven. He indicated that the City has the ability to test the waters but cannot determine a cause, and that the City will only be able to receive an equitable sharing of costs for mitigation after a cause is determined. Mr. Kiff stated that Mr. Bludau had DNA testing done in storm drains while he was in the City of Coronado. He reported that Newport Beach was able to put a line item into the State budget for $175,000 to conduct limited DNA testing on the storm drains at the Newport Dunes, 43rd Street, 33rd Street, County /City dock property, and one other location. He stated that, if this stays in the budget, the City will hire a contractor to test and explain what is coming down the storm drains. Mr. Kiff reported that Coronado found that about 60 percent of the fecal contamination was from birds. He indicated that the City will probably have to take the lead on this because all the upstream entities, including the Irvine Ranch Water District (IRWD), are going to try to say that the fecal coliform inputs actually die by the time it reaches North Star Beach. If this is the case, the Board will tell the City that this is the City's problem. He stated that there are active discussions regarding where and when the levels die. He reported that Dr. Jack Skinner and Bob Caustin are participating as interested observers in the health risk assessment of the fecal coliform levels. • Regarding Council Member Ridgeway's question about DNA testing, Mr. Bludau explained that Coronado took 120 water samples over a period of 24 -hours and sent them to the University of Washington where a professor had the equipment to conduct the DNA testing. It took about six weeks to get the results. He stated that the professor also wanted bird and animal samples so he could try to match the DNA. Mr. Bludau noted that the professor could not identify 50 percent of the samples; and, of the samples he could identify, about 60 percent of them were animal. He reported that 1 gram of fecal matter has 40 million parts in it and noted that the State standard for water is 200 parts. Mayor Pro Tem Thomson asked what the half -life is for fecal coliform in the Bay. Mr. Kiff indicated that he is not qualified to answer that, but that the fecal coliform is an indicator bacteria. Mr. Bludau added that another problem is that the State standards for chlorine are also being exceeded because wastewater treatment plants add chlorine to kill fecal matter. Mr. Kiff stated that Coronado set up a UV system where they blasted the storm drains with light to kill the coliform, but indicated that this is only effective for smaller storm drains that do not have a lot of flow. Mr. Bludau reported that the storm drains were not the real problem in Coronado, explaining that the Board expects all storm drains to exceed State standards when there is rain. He added that Coronado also had underground water in a residential area that was continually pumping 650,000 gallons a day and that the Board gave Coronado the incorrect standard for them to get a permit to pump the groundwater. He noted that the UV system is for the pumping of groundwater and is not for storm Volume 52 - Page 552 t City of Newport Beach City Council Minutes June 28, 1999 INDEX events. Council Member Adams noted that liveaboards and mooring owners were listed in Attachment A of the staff report and that there was also a notation for dye tablets. Mr. Kiff indicated that he does not believe the City has a dye tablet program for liveaboards. However, this program is something that may need to be enacted depending on the fecal coliform and TMDL results. Dr. Jack Skinner stated that the committee looked at the dye tablet program in the late 1980's and had the Mayor of Avalon explain their dye tablet program. He reported that it was difficult to see the fluorescent dye in Newport Bay during a trial run. However, the committee found that the dye tablets were worth using as a way to periodically check if the tour boats were polluting the water. Dr. Skinner reported that a risk assessment study will be started next weekend by EOA Associates from Oakland and that some of the beaches in Newport Bay will be used for this survey. He stated that the study is being funded by IRWD until funds can be obtained by other sources and that they hope to determine, from a risk assessment model, the risks involved with swimming in Newport Bay. Dr. Skinner took issue with the study, stating that, instead of looking at the viruses that cause disease, they are looking at something that is not related to human illness or human specific viruses. He stated that a number of consultants have raised concerns about the methodology because the information is going to be based on information that will not stand up to scientific scrutiny. Dr. Skinner noted that the water quality has improved in the Bay over the years and that one just needs to look at the last three weeks of water reports which indicate that most of the beaches have been extremely good except for the five beaches that are close to storm drains or the ones that the Health Department deemed a cause for trouble. Dr. Skinner noted that Heal the Bay graded a majority of the City beaches with an A +. In response to Council Member Glover's statements, Dr. Skinner believed that the Board has their own agenda to meet their basin plan. He stated that the Health Department depends on the ocean plan and will be checking for coliform for three different indicator bacteria at all testing locations in the Bay. He indicated that the Health Department will close down a beach if it exceeds standards for any one of the three indicator bacteria. He assured that, even though there may be more beach closures, it does not mean that the public will be at greater risk. Regarding the life of bacteria, Dr. Skinner reported that this is discussed in terms of "P -90" which is how long it takes before 90 percent die off. For e -coli in fresh water, the P -90 is about 26 to 28 hours; and, in salt water, the P -90 is as short as 6 to 8 hours. He indicated that coliform lasts longer when there is no sunshine and the water is colder. Bob Caustin, 471 Old Newport Boulevard, Defend the Bay, stated that he met last week with Orange County Sanitation District's five top management personnel who told him that fecal coliform can last up to 30 days when underwater and out of sunlight. He stated that he has been at Volume 52 - Page 558 0 City of Newport Beach City Council Minutes June 28, 1999 meetings with other cities who indicated that their council does not consider Newport Bay a beneficial use to their citizens and that they are there to do as little as required by the TMDL. Mr. Caustin also took issue with the upcoming study and stated that Defend the Bay was initially given permission from IRWD to tape the Health Advisory Committee meeting regarding the study so that he could have other experts review this issue. However, when he arrived, he was prohibited from taping the meeting. He expressed concern regarding their approach to assessing who uses the Bay and that they proposed to take the water samples between 6 a.m. and 3 p.m. He believed that the Committee will be making the results so that the TMDL will be declared a success at the same time the Health Department will be closing beaches. In response to Council Member Ridgeway's questions, Mr. Caustin stated that he is taking issue with the study because it is not being reviewed. He believed that having a tape of the meeting could be valuable to Council and reiterated that he had experts willing to review the tape and make comments. He added that he does have a problem with the intentions of those involved with this. Mr. Caustin believed that the study will not be up to the current law's level of reduction and will allow them to make a change to the basin plan. In response to Council Member Ridgeway's question on how to make the study more scientific, Mr. Caustin stated that the information could be made public; it could be reviewed by scientists that the City and Defend the Bay may have; and a critical review of the information could be conducted at every step. Mr. Caustin believed that the City can assist in the process by requesting that all the meetings be scheduled and made public; have the subcommittee meetings more centralized and recorded; and have someone attend the meetings. Council Member Ridgeway requested that Mr. Caustin provide that information to Mr. Kiff so that this could be taken up at the Harbor Quality Committee. Mayor O'Neil pointed out that there are suggested recommendations in the staff report. Mr. Kiff stated that he hopes that all the recommendations will be approved and reviewed the recommendations. Motion by Council Member Rideewav to a) adopt Resolution No. 99 -45 approving the recommendations of the Harbor Quality Citizens Advisory Committee to amend its mission and responsibilities; b) direct staff to continue.to lobby for State and Federal funding for dredging, TMDLs, Toxic Hot Spots, and more; c) direct staff to cooperate with local volunteer groups, the County of Orange, and the Department of Fish and Game to better publicize the resource value of Newport Bay; d) direct the Harbor Quality Citizens Advisory Committee to plan and develop a resident, visitor, and Bay user education plan that will reduce inputs to the Bay that impair water quality; e) direct staff to send a letter to Supervisor Wilson that requests information about the possible reorganization of County tidelands and moorings, City and County properties, and other County and City harbor responsibilities; and f) direct staff to further research the funding and local interest for a tidepool program at Big Corona and a kelp reforestation plan off the coast. Volume 52 - Page 554 1101) City of Newport Beach City Council Minutes June 28, 1999 i NIT5. Council Member Glover expressed the opinion that she does not feel Council has enough information to approve recommendations a and f. Council Member Ridgeway amended his motion to a) adopt Resolution No. 99 -45 approving the recommendations of the Harbor Quality Citizens Advisory Committee to amend its mission and responsibilities; b) direct staff to continue to lobby for State and Federal funding for dredging, TMDLs, Toxic Hot Spots, and more; c) direct staff to cooperate with local volunteer groups, the County of Orange, and the Department of Fish and Game to better publicize the resource value of Newport Bay; and d) direct the Harbor Quality Citizens Advisory Committee to plan and develop a resident, visitor, and Bay user education plan that will reduce inputs to the Bay that impair water quality. Without objection, the motion carried by acclamation. Council Member Debay noted that recommendation a is only requesting that a letter asking for information about the possible reorganization be sent to Supervisor Wilson. She believed that the City needs to start exploring the possibility at some point. Mr. Kiff stated that he was careful regarding the wording of the letter and that the County indicated that they could look into this if the City requests them to. Mr. Bludau stated that the letter does not commit the City to anything and basically requests enough information so that staff can come back with a recommendation at a later date. He noted that he would like himself and staff to take a look at the way the City manages its tidelands, its leases, and its responsibilities. He agreed that, if the City is in a position to be fined because of some regulation, it would behoove the City to try to have as much authority as possible. Motion by Council Member Noves to e) direct staff to send a letter to Supervisor Wilson that requests information about the possible reorganization of County tidelands and moorings, City and County properties, and other County and City harbor responsibilities; and f) direct staff to further research the funding and local interest for a tidepool program at Big Corona and a kelp reforestation plan off the coast. Stating that she will not support the motion, Council Member Glover believed that Council needs to look at how big it wants the organization to be since this would entail enormous change. Noting that Council is dealing with airport issues, annexation, and an initiative, she asked where Council's priorities are. With Council Member Glover dissenting, the motion carried. Council Member Ridgeway stated that he is the Chairman of the Harbor Quality Committee and that they have been focusing on education and emphasized how important it will be to create an educational program for the entire City. He expressed the opinion that everyone in the City should be an environmentalist when it comes to the Bay. Regarding recommendation a and the City considering taking over harbor patrolling, Mayor Pro Tem. Thomson expressed the opinion that this would be a great benefit to the citizens since there currently is not enough Volume 52 - Page 555 City of Newport Beach City Council Minutes June 28, 1999 coordination between the Harbor Patrol and the Police Department. Council Member Ridgeway stated that the Harbor Quality Committee invited Harbor Master Marty Kasules to their meeting and that he is cooperating with all the agencies within the City. Further, a coordinated agenda is trying to be developed between the Police Department, Fire and Marine Department, and Harbor Patrol. PUBLIC COMMENTS - None. ADJOURNMENT - 5:32 p.m. The agenda for the Study Session was posted on June 23, 1999, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 0 City Clerk Recording Secretary Mayor Volume 52 - Page 556 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 28, 1999 - 7:00 p.nL DRAFT 1$011 STUDY SESSION - 4:00 p.m. [Refer to separate minutes] CLOSED SESSION - 5:30 p.m. CLOSED SESSION REPORT PRESENTED - None. 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 - Council Member Debay. Invocation by Reverend Dr. Dennis Short, Harbor Christian Church of Newport Beach. Proclamation recognizing the Newport Harbor American Legion Post 291 for the Arches Bridge flag donation presented to Don Donaldson. Mayor O'Neil also acknowledged and thanked Council Member Glover for her efforts in working with the Legion in obtaining the flags. Mr. Donaldson thanked the City Council for the opportunity to participate in the flag project on the new bridge. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Debay announced the cooperative program between the City and the Orange County Sanitation District to distribute ultra low -flush toilets. She stated that approximately 500 toilets were distributed to residents at no cost. Some toilets are still available and can be received by calling the Utilities Division at 644 -3011. Council Member Debay added that the Orange County Water District is reaching out to people in the community by offering tours of the Santa Ana River. She stated that the first tour, scheduled for September 16 & 17, 1999, is being offered to elected officials. She encouraged the City Council members to participate in this tour. • Council Member Debay requested a staff report on the initiative that was recently filed. She asked that it include the pros and cons of the initiative, and how it will affect the City. She requested that the item be scheduled for public orientation and discussion. Volume 52 - Page 557 City of Newport Beach City Council Minutes June 28, 1999 INDEX • Mayor O'Neil requested that staff provide the City Council with the proposal that was presented by the Cameo Community Association regarding the replacement of the fence along Coast Highway. He stated that he understands that the Association is looking to the City for help with the funding. Mayor O'Neil asked that the item be agendized. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND REGULAR MEETING OF JUNE 14, 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 3. 1999 WEED ABATEMENT PROGRAM. Adopt Resolution No. 99 -46 Res 99 -46 declaring that weeds and other nuisances exist and schedule a public Weed Abatement hearing for August 9, 1999, regarding their abatement. (41) CONTRACTS AND AGREEMENTS 4. PROGRAM SUPPLEMENTAL AGREEMENT WITH THE STATE OF Res 99 -47 CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION C -3293 PROGRAM PROJECTS. a) Approve Program Supplement No. M005 with Program the State of California for the construction of San Joaquin Hills Road from Supplemental Jamboree Road to MacArthur Boulevard, with federal authorization number Agreement for STPLMA 5151 (008); b) approve Program Supplement No. M006 with the Arterial Highway State of California for the construction of San Joaquin Hills Road from Rehabilitation MacArthur Boulevard to Marguerite Avenue, with federal authorization Program Projects number STPLMA 5151 (009); c) approve Program Supplement No. M007 (38174) with the State of California for the construction of Irvine Avenue from Santiago Drive to Tustin Avenue, with federal authorization number STPLMA 5151 (011); d) approve Program Supplement No. M008 with the State of California for the construction of Jamboree Road from East Coast Highway to San Joaquin Hills Road, with federal authorization number STPLMA 5151 (010); and e) adopt Resolution No.. 99-47 authorizing staff to enter into Program Supplements with the State of California. 5. GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING C -3283 (C -3283) — AWARD OF CONTRACT. a) Approve the plans and Grant Howald and specifications; b) award C -3283 to Electro Construction Corp. of Los Angeles Lincoln School for the total bid price of $199,200 and authorize the Mayor and the City Ballfield Lighting Clerk to execute the contract; and c) establish an amount of $19,800 to cover (38) the cost of materials testing and unforeseen work. 6. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY C -2886 Volume 52 - Page 558 City of Newport Beach City Council Minutes June 28, 1999 INDEX "ARCHES" INTERCHANGE IMPROVEMENTS, ORANGE COUNTY BA -080 SANITATION DISTRICT REIMBURSEMENT AGREEMENT NO. 3 Arches AND AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENT Interchange (C- 2886). a) Approve Amendment No. 3 to Cooperation and Reimbursement Improvements Agreement with Orange County Sanitation Districts; b) approve Amendment (38/40) No. 3 to Professional Services Agreement with MK Centennial for construction management; c) approve Amendment No. 1 to Professional Services Agreement with Gail P. Pickart, P.E., for project management; d) approve Amendment No. 2 to Professional Services Agreement with Moffatt & Nichol Engineers for civil engineering support; and e) approve a budget amendment (BA -080) appropriating $257,648 to the Contribution Fund Account No. 7251- C5100199 and appropriating $964,292 from the Circulation and Transportation Fund to Account No. 7261- C5100199. 7. UNDERGROUNDING OF UTILITIES IN THE ALLEY BOUNDED BY BA -081 EDGEWATER PLACE, CYPRESS STREET, EAST BAY AVENUE AND Underground ADAMS STREET IN BALBOA (PROPOSED UNDERGROUND Assessment ASSESSMENT DISTRICT NO. 88). Authorize a budget amendment District 88 (BA -081) to appropriate $46,350 in the Assessment District Capital Project (40/89) fund to proposed Assessment District No. 88, Account No. 7401- C5200495; and authorize the City Manager to execute a Professional Services Agreement with Harris & Associates in an amount not to exceed $21,450 for assessment engineering services. 8. JAMBOREE ROAD REHABILITATION, EAST COAST HIGHWAY TO C- 3242(A) SAN JOAQUIN HILLS ROAD — STPLMA 5151 (010) - AWARD OF BA -082 CONTRACT (C- 3242(A)). a) Approve the plans and specifications for Jamboree Road Jamboree Road Rehabilitation, East Coast Highway to San Joaquin Hills Rehabilitation Road (Federal Authorization No. STPLMA 5151 (010)); b) award C- 3242(A) (38/40) to R.J. Noble Company for the total bid price of $424,537.50 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $42,000 to cover the cost of material testing and unforeseen work; d) authorize a budget amendment (BA -082) to appropriate $151,609 of Federal Highway AHRP Funds STPLMA 5151 (010) into a newly established Account No. 7285- C5100480; and e) authorize a budget amendment (BA -082) to increase revenue estimates by $151,609 to Account No. 285 -4880. 9. IRVINE AVENUE STREET RECONSTRUCTION (C -3204) — AWARD C -3204 OF CONTRACT. a) Approve the plans and specifications for Irvine Avenue BA -083 Street Reconstruction from Santiago Drive to Tustin Avenue with federal Irvine Avenue authorization number STPLMA 5151 (011); b) award C -3204 to All American Street Asphalt of Corona for the total bid price of $264,669 and authorize the Mayor Reconstruction and the City Clerk to execute the contract; c) establish an amount of $26,000 (38/40) to cover the cost of material testing and unforeseen work; d) authorize a budget amendment (BA -083) to appropriate $82,087 of Federal Highway AHRP Funds STPLMA 5151 (011) into a newly established Account No. 7285- C5100392; e) authorize a budget amendment (BA -083) to increase revenue estimates by $82,087 to Account No. 285 -4880; and f) authorize a budget amendment (BA -083) to transfer $71,582 from Account No. 7281 - 05100465 (Polaris Drive Pavement Overlay) to Account No. 7281- C5100392 (Irvine Avenue Rehabilitation). 10. CENTRAL BALBOA WATER, SEWER & ALLEY IMPROVEMENTS C -3278 Volume 52 - Page 559 City of Newport Beach City Council Minutes June 28, 1999 INDEX AND WEST NEWPORT BEACH SEWER MAIN REPLACEMENT, BA -084 PHASE II (C -8278) — AWARD OF CONTRACT. a) Approve the plans and Central Balboa & specifications; b) award C -3278 to GCI Construction, Inc. for the total bid West Newport Beach price of $495,803.90 and authorize the Mayor and the City Clerk to execute Sewer Improvements the contract; c) establish an amount of $40,000 to cover the cost of (38140) unforeseen work; and d) approve a budget amendment (BA -084) transferring unused Wastewater Capital Funds of $130,303.72 from the Jamboree Road Sewer Pump Station Abandonment Account No. 7532- C5600461 to the Sewer Main Replacement Account No. 7531- C5600292. 11. MACARTHUR BOULEVARD WIDENING SEGMENT 2 (C -2825) — C -2825 COMPLETION AND ACCEPTANCE. a) Accept the work and approve as- BA -085 built plans and specifications; b) authorize the City Clerk to file a Notice of MacArthur Blvd. Completion; c) authorize the City Clerk to release the bonds 35 days after Widening the Notice of Completion has been recorded in accordance with applicable Segment 2 sections of the Civil Code; d) approve Amendment No. 2 to agreement with (38/40) Gail P. Pickart, P.E. for project management services; and e) approve a budget amendment (BA -085) appropriating $243,962.18 from the Circulation and Transportation Fund to Account No. 7261- C5100066 and increasing revenue to the Contributions Fund Account No. 7251- C5100066 from $600,000 to $633,777.61. 12. NEWPORT HEIGHTS' STREET LIGHTING (C -8258) — AWARD OF C -3258 CONTRACT. a) Approve the plans and specifications; b) award C -3258 to Newport Height DBX, Inc. for the total bid price of $232,158 and authorize the Mayor and the Street Lighting City Clerk to execute the contract; and c) establish an amount of $15,000 to (38) cover the cost of unforeseen work. 13. Item removed from the Consent Calendar by Council Member Adams. 14. Item removed from the Consent Calendar by Council Member Adams. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR JUNE 24, 1999. Receive and Planning file. (68) 16. LEGAL ADVERTISING BID FOR FISCAL YEAR 1999 -2000. Accept the FY 1999 -2000 bid of the Daily Pilot and authorize a purchase order for the one -year period Legal Advertising of fiscal year 1999 -2000. (32) 17. APPOINTMENT OF BENEFIT BROKER AND CONSULTING Benefit Broker & SERVICES. Authorize staff to issue a broker of record letter to AON Consulting Services Consulting for the purpose of providing benefit and consulting services for (66) the City's benefit program. 18. UNDERGROUNDING OF OVERHEAD UTILITIES CITY WIDE. Undergrounding of Continue to process underground assessment districts on an as requested Overhead Utilities basis. (89) 19. NEWPORT ELEMENTARY SCHOOL SAND SCREEN GARDEN Newport Elementary Volume 52 - Page 560 City of Newport Beach City Council Minutes June 28, 1999 INDEX WALL. Allow the construction of a sand screen garden wall less than 3 feet School Sand high around the grass playground area, oceanward of the oceanfront Garden Wall sidewalk. (78) 20. PURCHASE OF REPLACEMENT VOICE LOGGING RECORDER/REPRODUCER SYSTEM. Award bid to purchase replacement voice logging recorder /reproducer system from Stencil Corporation for $29,794.41 from Police Department Budget No. 1250 -9300. 21. PURCHASE OF REPLACEMENT MOBILE LAPTOP COMPUTERS. Award bid to purchase replacement mobile laptop computers for use in our marked civilian police vehicles from First Computer Inc. for $34,253.73 from CIP Budget No. 7017 C1820451. 22. PURCHASE OF NON - LINEAR VIDEO & AUDIO EDITING SYSTEM. Award the bid to purchase a Discreet -Logic "Edit" Non - Linear Video & Audio Editing System from Burst Communications, Inc. for $47,401.38 (including tax). 23. Item removed from the Consent Calendar by Council Member Noyes. S32. Item removed from the Consent Calendar by Council Member Ridgeway. Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for those items removed (13, 14, 23 and S32). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 13. CLAIMS ADMINISTRATION SERVICES FOR THE GENERAL LIABILITY PROGRAM. Council Member Adams stated that at the earlier Study Session, he had requested clarification on the fee structure. He said that he, has since, received an explanation that was satisfactory and answered his question. Motion by Council Member Adams to approve a contract to provide Third Party Administration (TPA) services for the self - insured general liability programs to Insurance Consulting Associations (ICA). Without objection, the motion carried by acclamation. 14. LEASE AGREEMENT WITH THE BALBOA YACHT CLUB. Council Member Adams stated that the proposed agreement is for a thirty - year term and has an inflator formula built in for the rent, but that the insurance coverage limits are fixed. He suggested that some kind of escalation provision be provided for the insurance coverage over the thirty - year period, and he understands that staff could come up with a suitable escalator. Volume 52 - Page 561 Voice Logging Recorder/ Reproducer System (70) Mobile Laptop Computers (70) Non - Linear Video and Audio Editing System (70) C -3294 Claims Administration Services /General Liability (38) C -2693 Balboa Yacht Club Lease (38) 0 0 0 City of Newport Beach City Council Minutes June 28, 1999 Motion by Council Member Adams to authorize the Mayor to execute the proposed lease with the Balboa Yacht Club on behalf of the City, with the addition of a clause that would allow the City to update the Lease's insurance requirement to reflect market standards. Stan Bunker, 2012 Vista Caudal, member and director of the Balboa Yacht Club, stated that the suggestion by Council Member Adams is acceptable to the Balboa Yacht Club. Council Member Ridgeway suggested that the adjustment be made to the lease and that a fixed escalator not be used. City Manager Bludau stated that staff was intending to review the insurance every five years. Council Member Adams confirmed that this was the intention of his motion. Without objection, the motion carried by acclamation. 23. GENERAL PLAN AMENDMENT 99 -2 — REQUEST TO INITIATE AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN, AS FOLLOWS: A) 4881 BIRCH STREET (PLAZA DE CAFES): A PROPOSAL TO CHANGE THE DEVELOPMENT ALLOCATION FOR THIS SITE TO ALLOW THE DEMOLITION OF AN EXISTING FOOD COURT AND ALLOW THE CONSTRUCTION OF A 161 ROOM EXTENDED STAY HOTEL; B) 4699 JAMBOREE ROAD (FAR EAST NATIONAL BANK): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR THIS SITE TO ALLOW AN APPROXIMATE 24,000 SQ. FT. ADDITION TO AN EXISTING OFFICE BUILDING WITH A RELATED PARKING STRUCTURE; C) 1514 WEST BALBOA BOULEVARD (EDISON ELECTRICAL SUBSTATION): A PROPOSAL TO CHANGE THE GENERAL PLAN LAND USE ELEMENT AND LOCAL COASTAL PROGRAM, LAND USE PLAN TO RE- DESIGNATE THE PARCEL FROM GOVERNMENTAL, EDUCATION AND INSTITUTIONAL FACILITIES TO TWO-FAMILY RESIDENTIAL; D) LOT 10, TRACT 14839 (GRANVILLE DRIVE OFFICE SITE): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR THIS SITE FROM 5,000 SQ. FT. TO 8,000 SQ. FT.; AND E) 100 NEWPORT CENTER DRIVE (NEWPORT SPORTS COLLECTION FOUNDATION): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION IN BLOCK 100 OF NEWPORT CENTER TO ALLOW ADDITIONAL ADMINISTRATIVE SUPPORT OFFICE SPACE IN CONJUNCTION WITH THE ESTABLISHMENT OF A SPORTS MEMORABILIA MUSEUM. Council Member Noyes referred to Item C, the Edison Electrical Substation, and suggested that since the property is adjacent to a large City parcel, a more in -depth report should be prepared. Council Member Ridgeway stated that the property is next to private property and is not adjacent to Marina Park. He added that the general plan amendment only affects the vacant parcel, not the power station itself. Volume 52 - Page 562 N91 GPA 99 -2 4881 Birch Street) 4699 Jamboree Road/ 1514 W. Balboa/ Lot 10, Tract 14839/ 100 Newport Center Dr. (45) City of Newport Beach City Council Minutes June 28, 1999 to to General Plan as recommended by the Planning Commission, with the exception of Item C (1514 West Balboa Boulevard, Edison Electrical Substation). Substitute motion by Council Member Ridgeway to initiate the amendments to the General Plan as recommended by the Planning Commission. Council Member Ridgeway stated that Item C can be reviewed further during the general plan amendment process. Council Member Glover stated that she understands the point that Council Member Noyes is trying to make and encouraged staff to provide the City Council with more information on all of the items. The substitute motion carried by the following roll call vote: Ayes: Debay, Ridgeway, Glover, Adams, Mayor O'Neil Noes: Noyes, Thomson 532. LCP GRANT CONTRACT. Council Member Ridgeway wanted to make sure that the City Council understood that the staff recommendation is to decline a $150,000 grant from the Coastal Commission. Assistant City Manager Wood stated that staff had concerns with the grant conditions when the report from the Coastal Commission staff was received. She stated that per City Council direction, staff attempted to have the concerns addressed, but that the Coastal Commission approved the grant with the conditions. She added that the Coastal Commission did allow their staff some flexibility to work with the City in trying to negotiate something that would be acceptable. Assistant City Manager Wood stated that the Coastal Commission staff has been flexible in some areas, but that their main interest is in having the existing LCP certified. She stated that City staff feels that the City is more interested in looking at its land use plan and certifying something other than the existing LCP, if that is found to be more appropriate. She stated that, by accepting the grant, she is also concerned that the City will be taking on more work than it can fund. Council Member Ridgeway asked if staff is satisfied that the Coastal Commission is primarily interested in controlling private boating facilities and providing 100% access to coastal areas. Assistant City Manager Wood said that staffs specific concern on the access question is that the City has a number of residential areas that have private access. Assistant City Manager Wood added for Council Member Ridgeway that the City has few projects that need Coastal Commission approval. Motion by Council Member Ridgeway to direct staff to decline to execute Volume 52 - Page 568 INDEX LCP Grant Contract (68) 0 0 City of Newport Beach City Council Minutes June 28, 1999 INDEX the contract for the LCP Grant awarded by the California Without objection, the motion carried by acclamation. PUBLIC COMMENTS Jan Vandersloot, SPON Tree Committee, spoke about the emergency request for tree removals in Corona del Mar and Balboa Island that was approved at the previous City Council meeting. He stated that he understood that there would be a two -week period before the trees would be removed so that the data could be further evaluated. Mr. Vandersloot said that he was not given enough time to review the data before the trees started being removed and that he, has since, discovered that the trees. that were removed were healthy and not showing signs of decay. He stated that he tried to have someone from the City validate the readings of the equipment being used, but was unsuccessful in his attempts. He stated that an arborist has determined that the way the data is being interpreted by the City is incorrect. Mr. Vandersloot requested that no more trees be removed based on the readings of the equipment currently being used. Mayor O'Neil confirmed that fourteen trees were designated as trees that should be removed and six were removed. He believes that the matter does need further investigation before the other eight are removed. Mayor O'Neil stated that the SPON Tree Committee's arborist will be given the opportunity to meet with the City's arborist. And, that proper notice to the property owners and any other interested parties will be given regarding related hearings before the Parks, Beaches & Recreation Commission. He stated that, although the six trees that have already been removed cannot be replanted, he is interested in assuring that misinformation or faulty equipment readings are not relied upon in the future. Council Member Adams referred to the report from Alden Kelley, consulting arborist, stating that the topping of the trees was done improperly. Council Member Adams requested that this allegation also be addressed in the course of the investigation. Mayor O'Neil suggested that General Services Director Niederhaus might want to make a statement to be included in the public record. City Manager Bludau added that in Volume 52, Page 523 of the City Council minutes, it is only stated that the trees would be removed "within the next two weeks" and that no promise of a two -week waiting period was made. Mayor O'Neil stated that although it may not have been stated, it appeared that there would be more time before the trees would be removed. He added that a debate about what has already happened will not serve any useful purpose. He believes that the City can only work to insure that future tree removals have proper investigation regarding the tree's health, proper notice and proper opportunity for everyone to be heard. He said that it should also be determined if the equipment being used is properly calibrated. 0 City Manager Bludau stated that the item can be placed on the next agenda. Volume 52 - Page 564 City of Newport Beach City Council Minutes June 28, 1999 Council Member Ridgeway requested that the General Services Department and the SPON Tree Committee work together on the issue. Mayor O'Neil stated that it has not been determined if the equipment is faulty or if there was operator error. Council Member Glover confirmed with City Attorney Burnham that no action can be taken by the City Council during Public Comments. Iryne Black, 1646 Irvine Avenue, stated that she spoke with an arborist in Tennessee regarding the resistograph F -line machine. She said that he indicated that he has had a lot of experience with resistographs giving false readings. She added that there are three types of resistographs and she'd like the matter looked into further. Bob Caustin, 471 Old Newport Blvd, Defend the Bay, referred to the Water Quality/Back Bay Overview at the earlier Study Session and complimented staff for their very comprehensive review of the issues affecting the bay. He thought that the level of understanding was commendable. Mr. Caustin stated that Defend the Bay is now prepared to ask the neighbors upstream to do a better job of policing what enters the bay and share in the responsibility. Mary Porter, 700 Larkspur Avenue, stated that she is against having the trees removed in Corona del Mar. She stated that three of the trees are on her property and provide memories for her, have historical value and enhance her property. She stated that the trees do not look like they are dead or dying. She stated that the trees provide shade and are used by wildlife. She concluded by stating that she was not notified of the tree removals. Bettye Butterworth, 721 Jasmine Avenue, provided the City Council with photos and a copy of her statement. She said that a tree on her property was removed over a year ago and the removal caused damage to her property, which she was later reimbursed for. She stated that her main complaint is with the lack of notification that is given. She added that Patrick Bartolic has also provided a statement and agrees with her that the removal of the trees has a negative effect on the area. Kurt English, P. 0. Box 2817, residing at Seashore & 39th, spoke about the 401 of July restriction problem. He stated that the barricades that are placed in the area make it difficult for the residents who want to leave the area to enjoy legal fireworks, because they have a problem trying to exit and return from their property. He requested that the City Council balance the interests of property rights and civil order by instructing the Police to be as flexible as possible with the residents. PUBLIC HEARINGS 24. STATUS REPORT ON DEVELOPMENT AGREEMENT NO. 4 (THE IRVINE COMPANY, LIBRARY EXCHANGE AGREEMENT), NO. 5 (HOAG MEMORIAL HOSPITAL PRESBYTERIAN), NO. 6 (THE IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN Volume 52 - Page 565 INDEX Development Agreements No 4: C- 2823 -A No 5: C -2912 0 City of Newport Beach City Council Minutes June 28, 1999 SPACE AGREEMENT (CIOSA)), NO. 7 PACIFIC VIEW MEMORIAL PARK), NO. 8 (FORD MOTOR LAND DEVELOPMENT CORPORATION), NO. 9 (FLETCHER JONES MOTOR CARS), NO. 10 (NEWPORT HARBOR LUTHERAN CHURCH), AND NO. 11 (THE IRVINE COMPANY AND IRVINE COMMUNITY DEVELOPMENT COMPANY CONCERNING BONITA CANYON) — TO CONDUCT AN ANNUAL REVIEW OF CURRENT DEVELOPMENT AGREEMENTS TO REVIEW THE APPLICANTS' GOOD FAITH AND SUBSTANTIAL COMPLIANCE WITH EACH AGREEMENT IN ADDITION TO THOSE TERMS AND CONDITIONS REQUIRED OF THE CITY OF NEWPORT BEACH. Mayor O'Neil opened the public hearing. Motion by Mayor O'Neil to continue the public hearing to a City Council Study Session on Monday, July 12, 1999, at 4:00 p.m. Without objection, the motion carried by acclamation. 25. TRAFFIC PHASING ORDINANCE — PROPOSED AMENDMENTS TO CHAPTER 15.40 OF THE NBMC, TRAFFIC PHASING ORDINANCE, TO PROVIDE THAT CIRCULATION SYSTEM IMPROVEMENTS REQUIRED FOR A DEVELOPMENT ARE ROUGHLY PROPORTIONAL TO THAT PROJECTS IMPACT, TO MODIFY THE DEFINITION OF FEASIBLE IMPROVEMENT, TO ESTABLISH A THRESHOLD FOR TRAFFIC IMPACTS THAT REQUIRE CIRCULATION SYSTEM IMPROVEMENTS AND TO CHANGE THE NUMBER OF AFFIRMATIVE VOTES NEEDED TO OVERRIDE THE PROVISIONS OF THE ORDINANCE TO 517THS OF THE MEMBERS ELIGIBLE TO VOTE (contd. from 6/14199). Mayor O'Neil stated that this item was reviewed at the previous City Council meeting, that public testimony was taken and that the Planning Commission also reviewed it at several public hearings. Mayor O'Neil asked that those in the audience that wished to comment on the item limit their comments to information that was not already a part of the public record. City Attorney Burnham discussed the changes that had taken place in the document since the previous City Council meeting. He stated that eight changes were made to the draft Traffic Phasing Ordinance (TPO). He began by stating that language was added to the findings section. Council Member Glover asked the City Manager about her request to have a report prepared about how to put together a congestion management plan. City Manager Bludau did not recall the request, and confirmed that it was not a part of the packet. City Attorney Burnham continued by stating that the language added to the findings section should help the City defend the ordinance if it is challenged. He stated that a new section has also been added that deals with standards for approval that make it clear that improvements or contributions be made as a condition of the project. He stated that staff is also proposing to go back to the 1% test for determining the significance of a project at any given Volume 52 - Page 566 i9pw No 6: C -2920 No 7: C -3058 No 8: C -3059 No 9: C -3067 No 10: C -3152 Noll: C -3174 (38) Ord 99.17 Traffic Phasing Ordinance (26) City of Newport Beach City Council Minutes June 28, 1999 INDEX intersection. He stated that staff is recommending some modifications to definitions and has added "impacted primary intersection" to make it clear that the mitigation that may be required will apply only to those intersections which are impacted by project trips. And, City Attorney Burnham stated that the definition of "feasible improvement" was expanded. He stated that a modified way to calculate the fee for projects, which will not cause or make worse an unsatisfactory level of traffic service when improvements are to be constructed in the future, has been included. Finally, a section was added to deal with reimbursement programs that will create a vehicle for the City Council to accelerate improvements to certain intersections where there is information that more than one project may require mitigation at the intersection. Council Member Glover asked the City Attorney to go through the calculation of fee as presented in Section 15.40.030 B.Ld(iii). City Attorney Burnham stated it is proposed to calculate the fee by first calculating the intersection capacity utilization (ICU) of the intersection at the time that the analysis is made, which is one year after the project is complete, based on modeling and actual counts. Then, he stated, the ICU of the improvement would be calculated and added to the other. He stated that this would become the denominator of the fraction used to calculate the fee. The numerator would be the calculation of the ICU of the improved intersection added to the number of project trips. The fraction would then be multiplied by the cost of the improvement, and that would become the fee. City Attorney Burnham confirmed for Council Member Glover that staffs recommended changes include a change from critical intersection to primary intersection and narrowing the definition of infeasible. He stated that infeasible means that no improvement can take place at the given intersection or at least one improvement consistent with the general plan cannot take place. City Attorney Burnham confirmed for Council Member Glover that the calculation of fee occurs only when the City Council or Planning Commission makes a finding that the project will not cause or make worse an unsatisfactory level of service when an improvement is complete, which would occur within forty -eight months after the decision to approve the project. He added that in most cases there would be a fee charged of the proponent to pay their share of their effect on the intersection once it's been improved. Council Member Glover asked about the instances when it has been determined that there cannot be an improvement and a residential component is also present. City Attorney Burnham stated that the City Council would initiate and approve the traffic mitigation study, and then the Planning Commission or City Council on review or appeal would determine the appropriate contribution of a property owner. He stated that once the City Council has approved the traffic mitigation study, staff would assess the cost of the recommendations. Council Member Glover asked how the calculations would be made where improvements can be made. City Attorney Burnham responded that the Planning Commission or City Council would decide these on a case -by -case Volume 52 - Page 567 City of Newport Beach City Council Minutes June 28, 1999 basis. Council Member Ridgeway asked for the definition of an infeasible improvement. City Attorney Burnham stated that all improvements that are not inconsistent with the general plan would be feasible. Infeasible improvements would be those specifically identified as infeasible by the City Council at a noticed public hearing while, at the same time, initiating or approving a traffic mitigation study. Council Member Ridgeway asked why a project would be approved if it has been determined that it would be infeasible to mitigate the impacts. City Attorney Burnham stated that the identification of which intersection improvements are feasible or infeasible would not be done in conjunction with the review of a project. Determination of infeasibility is done independent of project analysis. Council Member Ridgeway asked why the study would not be done concurrently. City Attorney Burnham stated that there is no link between project review and approval, and the identification of an improvement at an intersection as infeasible. He added that the underlying premise in drafting modifications to the existing TPO was to correct certain legal issues, making a minimum change to the underlying policy. He stated that the existing TPO allows projects that impact intersections for which there is no mitigation to be approved subject to certain findings. He said they've also attempted to fine -tune those issues that the Planning Commission or City Council would consider when evaluating a project. Council Member Ridgeway expressed his approval with the nexus test being incorporated into the ordinance and keeping the proportionality test, but stated that he is struggling with the application of the tests to the infeasible intersections. Council Member Ridgeway stated that the existing TPO is not supportable and he believes that the infeasible discussion should be removed. City Attorney Burnham stated that staff has tried to maintain the existing provisions of the TPO and change them only minimally, where necessary. Council Member Ridgeway suggested that 15.40.030 B.l.c(ii) be removed and asked for a further explanation of its intent. City Attorney Burnham stated that the existing TPO gives the Planning Commission and the City Council the authority to approve a project which causes or makes worse an unsatisfactory level of traffic service at an intersection for which there is no feasible improvement. He stated that staff has attempted to limit what the Planning Commission and the City Council can consider when choosing to approve a project under those circumstances to four relatively narrow categories. He stated that he feels that this effectively creates a nexus between the project impacts and the mitigation requirements. City Attorney Burnham outlined the four things as listed in 15.40.030 B.l.c(h). Council Member Ridgeway suggested that a fourth item be added to 15.40.030 B.l.d, which would not allow the Capital Improvement Program (CIP) to be changed without a 5 /71h's vote of the City Council. He stated that the TPO needs to be cross - referenced to the CIP, so that intersection Volume 52 - Page 568 City of Newport Beach City Council Minutes June 28, 1999 INDEX improvement projects cannot be removed after a project has been approved. City Attorney Burnham stated that this requirement could be added. Council Member Adams suggested that the City Attorney go over some of the changes discussed between them earlier. City Attorney Burnham stated that these included a change in some of the terminology in the appendix to make it consistent with the terminology used by the traffic engineers. Council Member Adams stated that the changes also included a correct labeling of the finding paragraphs. City Attorney Burnham stated that the other changes were typographical corrections. Mayor O'Neil opened the continued public hearing. Allan Beek, 2007 Highland, stated that progress has been made and he agrees with the comments of Council Member Ridgeway. Mr. Beek stated that there are also some technical issues that still need to be resolved and he said that the formula for figuring out the fee, as discussed earlier, needs to be changed. He said that using a ratio of ICU's is not reasonable, and that it is biased. He stated that the biggest issue yet to be resolved is the trip distribution, because it is by guess and not by computer. Mr. Beek concluded by urging the City Council to continue the matter so that more work can be done. Council Member Ridgeway asked if Mr. Beek was referring to Appendix A when discussing trip distribution. Mr. Beek confirmed this and stated that he felt the language said nothing. Council Member Ridgeway stated that everyone is attempting to make the ordinance fair and reasonable. Bob Caustin, 2421 16th Street, #2, stated that he prefers the votes to make a change be set at 6 /7'h's. He thinks that if a project can't be mitigated, it should not be approved. Philip Bettencourt, 110 Newport Center Drive, stated that the concerns of the Newport Harbor Chamber of Commerce and the Building Industry Association have been addressed, but they aren't convinced that the best job possible has been done, referring to the minimal changes made to the existing TPO. Mr. Bettenceurt added that he knows that a lot of work has gone into the document and he feels that it is time to approve the TPO. He concluded by stating that he does not think it's fair for anyone to infer that the business community would be involved in any kind of process that would undermine public safety, as was stated by speakers at previous meetings. Phil Arst, resident of Lighthouse Lane, presented an overhead entitled Proposed Unsatisfactory and Marginally Congested Intersections. He also presented an overhead entitled Major Issues and Recommended Solutions for the June 25 PTPO. This list included eight recommendations. He stated that much progress has been made, that the work being done is really planning the City and he stated that he hoped the differences could be narrowed. Tony Petros, 1 Park Plaza, Suite 500, Irvine, stated that he spoke with the City's traffic engineer and that the intersection overhead shown by the Volume 52 - Page 569 City of Newport Beach City Council Minutes June 28, 1999 INDEX previous speaker was in error. He stated that the image shown was not reflective of the City's general plan and that fewer intersections than shown are forecast to be unsatisfactory in the future. Barry Eaton, 727 Bellis Street, Vice Chairman of the Environmental Quality Advisory Committee (EQAC), stated that EQAC also supports retaining the 6 /7th's majority vote. He added that he feels that the inclusion of the infeasibility issue is to allow a couple intersections to remain as they are and that, if that is the case, feels the ordinance does a good job and has been greatly improved in the last two weeks. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Ridgeway to continue the item for two weeks, incorporating some of the comments made during the current meeting. Council Member Ridgeway stated that there may be a fairer way to calculate the cost to the project proponent. He also recommended that the infeasible intersection be removed. He stated that the proportionality test takes care of that issue. He added that he does not agree that contribution of money should occur at the time that the project certificate of occupancy is issued. He thinks that the ordinance should include a component that incorporates the CIP and that it cannot be changed without a 5 /7th's vote. Council Member Ridgeway concluded by stating that tremendous progress has been made and that the document is very close to being ready for approval. The motion died for lack of a second. Motion by Council Member Adams to introduce Ordinance No. 99 -17 and pass to second reading on July 12, 1999, with the inclusion of a cross reference to the five -year Capital Improvement Program; and minor corrections to some of the terminology in the appendix, the labeling of the finding paragraphs and some typographical errors, as discussed earlier. Council Member Adams stated that he wanted to comment on some of the statements made earlier in the meeting by Mr. Beek. He stated that the fee calculation being suggested is not biased. He stated that a couple of different methods could be used and one has been chosen that he feels is fair. He added that he feels that the trip distribution methodology is also sound and appropriate. Council Member Adams thanked Mr. Beek for his contributions. Council Member Adams stated that he disagreed with the comment made by Mr. Arst about the TPO, in effect, planning the City. Council Member Adams stated that the TPO is a concurrence ordinance and is only being fixed. He stated that planning discussions should take place in the context of the circulation and land use elements. He added that he sees no correlation between the TPO and the initiative that has been filed. . Council Member Glover asked if an amendment could be made to the motion to add the following language, "That the City Manager be directed to place on the July 12, 1999 agenda an item initiating a Traffic Mitigation Study for Volume 52 - Page 570 City of Newport Beach City Council Minutes June 28, 1999 the following areas commonly known as Newport Heights, Cliffhaven, Mariners and Westcliff and bounded on the east by Dover Drive, on the south by Pacific Coast Highway, on the west by Newport Boulevard, and the north by the City boundary which corresponds roughly to Dover, 16th Street and 151h Street". Mayor O'Neil suggested that the amendment to the motion could be made or that Council Member Glover could just make a separate motion. Council Member Adams stated that he felt that the amendment would be more appropriate as a motion for reconsideration. Council Member Glover stated that she could not support the TPO without the amendment. She stated that there are some traffic services that can't be mitigated, but that there are areas in her district that need redevelopment. With confirmation from City Attorney Burnham, Council Member Adams agreed to include the amendment in his motion. Council Member Ridgeway stated that he couldn't support the motion unless there was an amendment to the motion to delete the infeasible intersection definition in the TPO. He added that Council Member Glovers amendment was trying to address this issue, but he feels that her amendment is out of context and inappropriate for this discussion and should not be tied to the TPO. Council Member Adams asked for City Attorney Burnham to comment on Council Member Ridgeway's suggested amendment. City Attorney Burnham stated that his concern would be a situation where the City were in the position of denying a project because of the City's unwillingness to make an improvement contemplated by, and consistent with, the general plan. Council Member Noyes confirmed that the motion tonight is only to approve the introduction of the ordinance and that discussions will continue over the next two weeks. He stated that he doesn't feel that any concepts should be excluded at this time. The amended motion carried by the following roll call vote: Ayes: Debay, Noyes, Thomson, Glover, Adams, Mayor O'Neil Noes: Ridgeway 26. ROWE RESIDENCE — 2231 PACIFIC DRIVE — AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION WHICH UPHELD THE DECISION OF THE MODIFICATIONS COMMITTEE, WHICH DENIED A REQUEST TO CHANGE CONDITION NO. 4 OF MODIFICATION NO. 4538 — THE CONDITION OF APPROVAL REQUIRES THAT USE OF AN ATTIC SPACE OVER A GARAGE BE LIMITED TO STORAGE ONLY, AND THAT THE STORAGE AREA IS NOT TO BE USED AS ADDITIONAL LIVING SPACE. THE APPLICANT IS REQUESTING THAT THE CONDITION OF APPROVAL BE CHANGED TO ALLOW THE AREA OVER THE GARAGE TO BE CONVERTED TO LIVING AREA AND USED AS A Volume 52 - Page 571 INDEX Modification 4843 Appeal Rowe Residence 2231 Pacific Drive (94) is • City of Newport Beach City Council Minutes June 28, 1999 HOME OFFICE (contd. from 5/10/99 and Council Member Ridgeway stated his understanding from the information he received that the issue had been resolved and would not be discussed at the current meeting. Planning Director Temple stated that although an agreement was reached between the City and the applicant, that part of the agreement includes a convenant. The convenant would make sure that there is a record on the deed that would show in any title report as to the status of the storage space above the garage on the property. She confirmed that the applicant has withdrawn his appeal. Mayor O'Neil opened the appeal hearing. There being no testimony, Mayor O'Neil closed the appeal hearing. City Attorney Burnham stated that his office spoke with the applicant's attorney earlier in the day and was told that the applicant was out of town. City Attorney Burnham stated that the recommended action at the current meeting would be to approve the covenant, with or without changes. Motion by Council Member Thomson to approve the covenant with the addition of the following paragraph: "In addition to the City's right to inspect pursuant to provisions of State law, the City may inspect the storage loft area as a matter of right once every twelve months, provided the City has given the owner forty -eight hours prior written notice". Council Member Thomson stated that the applicant has put in a second unit in an R -1 area and he agrees that a covenant should be in place to warn future owners that this is an R -1 residence and shall remain that way. City Attorney Burnham confirmed that the modification to the motion made by Council Member Thomson was legal. Without objection, the motion carried by acclamation. CONTINUED BUSINESS 27. 1999 -00 BUDGET ADOPTION AND CHECKLIST REVIEW. City Manager Bludau stated that the City Council has spent 5 -% hours reviewing the 1999 -2000 Budget at two previous study sessions. He said the action before the City Council at the current meeting was to review the eighteen budget checklist items and adopt the budget. City Manager Bludau stated that the City's 1999 -2000 operating budget totals $98.7 million, with the Capital Improvement Program totaling $21.5 million, for a total budget of $120.2 million. Motion by Council Member Debay to include the 800 MHz Radio Upgrade (Item #1) in the 1999 -00 budget. Without objection, the motion carried by acclamation. Volume 52 - Page 572 1 Res 99 -48 1999 -2000 Budget Adoption & Checklist Review (40) City of Newport Beach City Council Minutes June 28, 1999 INDEX Volume 52 - Page 573 Motion by Council Member Glover to include the Emergency Electrical Supply for City Hall (Item #2) in the 1999 -00 budget. Without objection, the motion carried by acclamation. Regarding the Land Use Contract Planner for El Toro Issues (Item #3), Council Member Debay asked if the existing staff could adequately handle the duties. City Manager Bludau stated that they could. Council Member Glover stated that she does not understand how the Planning Department can fulfill the obligation when the full job description has not been written. She added that she does not feel that there is anyone in the Planning Department that has the expertise or time to handle the job. Assistant City Manager Wood stated that she understood that the interest in the position would be for land use planning and that the department does currently have that type of expertise. She added, however, that she is concerned about adding additional responsibilities to the department without increasing the staff level. Council Member Adams expressed his lack of understanding regarding what exactly the new position would accomplish. Council Member Glover stated that the new position would deal with air quality issues. Additionally, she stated that she believes that the pro - airport effort needs a person who understands airport issues to monitor the . activities of the County. She believes that it would be a disgrace if the City did not proceed with this effort. She feels that the City should do everything possible to make sure an airport at El Toro is built. Mayor O'Neil agreed with Council Member Glover's comments and stated that the City is budgeting $900,000 in the 1999 -00 budget to carry out some of the pro - airport activities and fund pro - airport groups. He feels that the amount will be increased during the year, and that it may be more appropriate to add the new position with such a budget amendment. Council Member Adams expressed the same thoughts and thinks the County's efforts should be reviewed, but he trusts that the existing staff will identify those items that they feel unqualified to review. He is not convinced that a single person can address all of the issues. He thinks consultants would possibly be more appropriate. Council Member Debay stated that $306,000 has to be trimmed off the budget checklist and that, at this point, she does not feel that the $90,000 for the new position should be spent. Motion by Council Member Debay to not include the Land Use Contract Planner for El Toro Issues in the 1999 -00 budget. With Council Member Glover dissenting, the motion carried. Council Member Glover stated that the City's Planning Department has not Volume 52 - Page 573 City of Newport Beach City Council Minutes June 28, 1999 INDEX been involved in the pro - airport effort. She feels that responsibility to be well versed on the issues. Mayor O'Neil stated that the City Council agrees with her and that the efforts can be increased at a later date. Regarding the General Plan Update for the Airport Area (Item #4), Council Member Noyes stated that he thought this item was already approved several months prior. Administrative Services Director Danner stated that it was discussed, but it was after the budget had been prepared. Motion by Council Member Noyes to include the General Plan Update for the Airport Area in the 1999 -00 budget. Without objection, the motion carried by acclamation. Motion by Council Member Noyes to include Economic Development for Mariners' Mile (Item #5) in the 1999 -00 budget. Without objection, the motion carried by acclamation. Motion by Council Member Debay to include the Junior Civil Engineer for Assessment Districts (Item #6) in the 1999 -00 budget. 0 Without objection, the motion carried by acclamation. Regarding the Advertising and Public Relations for the Library (Item #7), City Manager Bludau stated that the money would be spent in an attempt to stimulate more attendance and use of the main library. Mayor Pro Tem Thomson stated that he agreed with increasing use at the library, but he feels that this item should be delayed at this point. He stated that a more comprehensive public relations effort for the City might be more advantageous. Motion by Mayor Pro Tem Thomson to not include the Advertising and Public Relations for the Library in the 1999 -00 budget. Without objection, the motion carried by acclamation. City Attorney Burnham confirmed for the City Council that it would be appropriate to take public comments prior to voting on each of the checklist items. Ken Russo, 807 Gardenia Way, spoke regarding the OASIS Parking Lot Lighting (Item #8). He stated that his home is within fifty feet of the parking lot, and that the lot is fully visible from the front and the side of his home. He stated that neither he nor the Jasmine Park Homeowners Association received notice that this item was under consideration, but that he and one other homeowner did receive a letter from the Community Services Department just the Friday before. He stated that he supports the Volume 52 - Page 574 City of Newport Beach City Council Minutes June 28, 1999 N 9) �• OASIS Senior Center, but that the information presented in the letter seems inaccurate. He said the nearby homeowners were not aware of a problem with the parking lot and that the use of the parking lot is very low. He added that for seven months of the year, no trips return to the parking lot after dark. Mayor O'Neil asked if Mr. Russo understood that the lights would be on a timer. Mr. Russo stated that he understood this but that even though the lights may only be on part-time in the beginning, it may become full-time in the future. He concluded by stating that he does not feel that the need is sufficient to have lights so close to residential homes. Council Member Debay stated that she spoke with the supporters of the lights and that they were in agreement that low level lighting in only a portion of the lot would be sufficient. Ruby Wisman Suikki, 417 Vista Roma, President of Friends of OASIS, stated that in 1998, there were sixty -three trips with 2,176 participants, and in the first six months of 1999, there have been thirty trips with 1,141 participants. She said the parking lot is well used and demands proper illumination. She stated that the OASIS Board of Directors recently approved a contribution of $5,000 towards the parking lot lighting project. Rochelle Liss stated that she lives in the unit closest to the parking lot and is also a member of OASIS. She stated that she observes seniors not using the crosswalk. She stated that the parking lot under discussion is an overflow parking lot, and that the main lot has lights. She stated that she feels that the overflow lot could be used for the daytime trips only. Vera Gephart, 5 Eucalyptus, Irvine, stated that she used to be a driver for the OASIS senior trips. She stated that it was difficult to drive into the parking lot at night and difficult for the passengers to unload and locate their luggage. She stated that the lights would only have to be on for a minimum length of time. She stated that although it is an overflow lot, it is needed. Bettye Butterworth, 721 Jasmine Avenue, stated that she lives one block from the parking lot and feels that the area is adequately lit. She stated that if the lighting is approved that it be low -level lighting close to the ground. Council Member Glover stated that she would like to see the Association meet with the Senior Center prior to the lighting being put in. She stated that she would like to see the two parties work together in reaching a compromise on the project. Council Member Noyes and Mayor O'Neil added that the project would probably come before the City Council before the project is approved. Council Member Noyes stated that his support of the project would be contingent on the neighbors being given the opportunity to make their comments. Council Member Adams asked if the approval could be subject to a public hearing or a mechanism for the homeowners to be heard. Volume 52 - Page 575 0 City of Newport Beach City Council Minutes June 28, 1999 INDEX Motion by Mayor O'Neil to include the OASIS Parking Lot Lighting in the 1999 -00 budget, with the condition that meetings be held with the homeowners that abut the parking lot and the OASIS Senior Center, and that the project come before the City Council for approval. Without objection, the motion carried by acclamation. Mayor O'Neil invited the audience to speak on any of the other budget checklist items that were already voted on. Bob Knox, Board of Library Trustees, stated that he wanted to comment on the Advertising and Public Relations for the Library. He stated that the library has several new programs. He stated that a phone survey conducted by the Board showed them that people do not know of all the things going on at the library. He said that the Board feels that more Newport Beach citizens should take advantage of what the Library has to offer. He said that the $50,000 being requested would go towards four mailings during the year. Council Member Adams asked if the City Newsletter could include information on the library. Council Member Noyes also suggested the water bill as a vehicle to disseminate information. Administrative Services Director Danner stated that the City does have the capability to include two flyers in each water bill. isMotion by Council Member Ridgeway to reconsider the funding of the Advertising and Public Relations for the Library for a total cost of $25,000 in the 1999 -00 budget, with the understanding that the City will also assist with additional mailings throughout the year. Substitute motion by Council Member Debay to reconsider the funding of the Advertising and Public Relations for the Library for a total of $12,500, and assist with additional mailings through the water bills. Council Member Noyes stated that he was in support of the main motion, and he suggested that the Library and City staff work together to determine the most economical use of the $25,000. With Council Members Glover and Ridgeway dissenting, the substitute motion carried. Regarding the OASIS Parking Lot Lighting item, Public Works Director Webb confirmed with Mayor O'Neil that the total to be spent on the project is $18,000 with $5,000 of that coming from the OASIS Senior Center. Motion by Council Member Noves to include City Wide Tree Trimming (Item #9) in the 1999 -00 budget. Without objection, the motion carried by acclamation . City Manager Bludau informed the City Council that with that approval, a total of $391,717 has been approved through the budget checklist. Volume 52 - Page 576 City of Newport Beach City Council Minutes June 28, 1999 INDEX Council Member Debay confirmed that the City Hall Electrical Upgrade (Item #10) was a carryover from the previous year. Council Member Glover asked for an additional summary by the City Manager of the money available for budget checklist items. City Manager Bludau stated that the budget contains $470,352 not yet committed. He added that the carryover items would not be included towards this available total. Motion by Mayor O'Neil to include the City Hall Electrical Upgrade, the Storm Drain Improvement Program (Item #11), and the Jamboree RoadBayview Way Landscape (Item #12) in the 1999.00 budget. Without objection, the motion carried by acclamation (Ridgeway absent). Mayor O'Neil checked with the audience for comments regarding the recently approved items. Council Member Noyes confirmed with Public Works Director Webb that the Jamboree RoadBayview Way Landscape item just approved for $35,000 included approximately $20,000 of re- budgeted funds and $15,000 of newly budgeted funds. Public Works Director Webb added that the City is also expecting to receive a $30,000 contribution from Fletcher Jones. Regarding the Higher Level of Maintenance for Community Centers (Item #13), Council Member Noyes stated that the community centers in the City provide citizens with one of the first opportunities to see their government working for them. He thinks the current centers are deficient, but that the item should possibly be discussed further. Motion by Council Member Noves to not include Higher Level of Maintenance for Community Centers in the 1999 -00 budget, but schedule the item for a study session. Without objection, the motion carried by acclamation. Motion by Council Member Ridgeway to not include Replacement Chairs for City Council Chambers and Conference Room (Item #14) in the 1999 -00 budget. Council Member Noyes asked about the possibility of reupholstering the chairs. City Manager Bludau confirmed that there could be a less expensive way to improve the chairs. Council Member Glover stated that she did not feel that the chairs needed to be replaced. Without objection, the motion carried by acclamation. Motion by Council Member Deb av to include Grant Howald Athletic Field (Item #15) in the 1999 -00 budget. Volume 52 - Page 577 City of Newport Beach City Council Minutes June 28, 1999 N Without objection, the motion carried by acclamation. Motion by Council Member Debav to include 32nd Street Reconstruction (Item #16) in the 1999 -00 budget. Without objection, the motion carried by acclamation Regarding Bay "Spot" Dredging (Item #17), Council Member Ridgeway stated that if the amount of this item is reduced to $100,000, the budget would be balanced. Motion by Council Member Ridgeway to include Bay "Spot" Dredging in the 1999 -00 budget for a total of $100,000. Council Member Noyes stated that if the wording of the item was changed to include storm drain diversion projects that add to the quality of the bay, the City would qualify for matching funds from the County. Substitute motion by Council Member Noyes to include Bay "Spot" Dredging in the 1999 -00 budget for a total of $150,000, and include storm drain diversion projects in the scope of the funding. Public Works Director Webb confirmed for Council Member Ridgeway that the program to receive matching funds from the County for storm drain diversion projects is a brand new program and details on requirements have not been received. He stated that if the City has the ability to apply for the projects, he feels the City has a good chance of receiving matching funds. Without objection, the substitute motion carried by acclamation Motion by Council Member Debay to include Reclaimed Water Irrigation Program (Item #18) in the 1999 -00 budget Without objection, the motion carried by acclamation. Council Member Ridgeway confirmed with Administrative Services Director Danner that the approval of the above budget checklist items puts the budget over by approximately $50,000. Peggy Stair, 2240 Port Durness, stated that she disagreed with the approval of the Bonita Canyon park project at a cost of $5.9 million in the CIP. She stated that the land could be better used for other purposes such as a school, which it has already been dedicated for. She feels that the City already has plenty of parks, and that many of them are underused. She said the park would also create more traffic problems. She would prefer the area be left as open space, or used as a skateboard park, a walkway system or a dog park. Motion by Council Member Noyes to adopt Resolution No. 99 -48 adopting the 1999 -00 City Budget, incorporating the recommended changes and the approved budget checklist items. Without objection, the motion carried by acclamation. Volume 52 - Page 578 City of Newport Beach City Council Minutes June 28, 1999 28. BOARDS AND COMMISSIONS. City Clerk Harkless stated that four votes of the City Council are required for a nominee to be appointed to a board or commission and, that in the case of the City Arts Commission, the appointee receiving the greater number of votes will serve the longer term. After a ballot vote, the City Clerk read the votes for the Board of Library Trustees as follows: Patrick Bartolic (incumbent) — Adams, Glover, Thomson, Mayor O'Neil, Debay, Ridgeway, Noyes. Julie Ryan (incumbent) - Adams, Glover, Thomson, Mayor O'Neil, Debay, Ridgeway, Noyes. Mary Petropoulos — no votes. City Clerk Harkless announced the appointment of Patrick Bartolic and Julie Ryan to fill the two vacant seats on the Board of Library Trustees. After a ballot vote, the City Clerk read the votes for the City Arts Commission as follows: Karen Raab — Adams. Lila Crespin — Glover, Debay, Ridgeway, Noyes. Don Gregory — Glover, Thomson, O'Neil, Ridgeway. Tom Staple — Thomson. Catherine Michaels (incumbent) —Adams, O'Neil, Debay, Noyes. City Clerk Harkless announced that Lila Crespin, Don Gregory and Catherine Michaels each received four votes for the two vacant seats. She stated that a revote of the three would take place at the conclusion of the other appointments. After a ballot vote, the City Clerk read the votes for the Civil Service Board as follows: James Dunlap, Jr. — Glover, O'Neil, Debay, Noyes. Douglas Wood — Adams, Thomson, Ridgeway. City Clerk Harkless announced the appointment of James Dunlap, Jr. to fill the one vacant seat on the Civil Service Board. After a ballot vote, the City Clerk read the votes for the Parks, Beaches & Recreation Commission as follows: Timothy Brown — Glover, Thomson, Debay. Volume 52 - Page 579 INDEX Appointments to Boards and Commissions (24) C� 0 City of Newport Beach City Council Minutes June 28, 1999 • Stuart Macfarland — Adams, Glover, O'Neil, Noyes. Jules Marine — Thomson, Ridgeway. Curtis Herberts — Ridgeway. Patricia Beek (incumbent) — Adams, O'Neil, Debay, Noyes. City Clerk Harkless announced the appointment of Stuart Macfarland and Patricia Beek to fill the two vacant seats on the Parks, Beaches & Recreation Commission. After a ballot vote, the City Clerk read the votes for the Planning Commission as follows: Robert Patterson — no votes. Christi Bettingen — Thomson. Steven Kiser — Ridgeway. Anne Gifford (incumbent) — Adams, Glover, Thomson, O'Neil, Debay, Ridgeway, Noyes. Richard Fuller (incumbent) — Adams, Glover, O'Neil, Debay, Noyes. City Clerk Harkless announced the appointment of Anne Gifford and Richard Fuller to fill the two vacant seats on the Planning Commission. At the conclusion of a ballot revote for the City Arts Commission, the City Clerk read the votes as follows: Lila Crespin — Thomson, Debay, Ridgeway, Noyes. Don Gregory— Adams, Glover, Thomson, O'Neil, Ridgeway. Catherine Michaels (incumbent) — Adams, Glover, O'Neil, Debay, Noyes. City Clerk Harkless announced that Don Gregory and Catherine Michaels each received five votes for the two vacant seats, but that the City Council would need to determine which appointee would serve the longer term. After discussion by the City Council, it was agreed that the incumbent should serve the longer term. City Clerk Harkless announced the appointment of Don Gregory to fill the unexpired term ending June 30, 2001 and Catherine Michaels to fill the four - year term on the City Arts Commission. Council Member Adams made a general comment about the appointments and the Council policy that states that board and commission members should only be reappointed in extraordinary circumstances. He stated that Volume 52 - Page 580 INDEX City of Newport Beach City Council Minutes June 28, 1999 29. this is to give more people in the community an opportunity to serve, but he feels this is not being done. Additionally, Council Member Adams stated that some of the people appointed at the current meeting are on more than one commission or board. He stated that he feels it is not appropriate, because, again, it takes away the opportunity for more people to serve. Council Member Ridgeway stated that the only individual he knows of that is serving on more than one commission is Don Gregory, but that Mr. Gregory has already stated that he will resign from EQAC. Council Member Adams stated that Patrick Bartolic is another example, and that there may be others. Council Member Ridgeway stated that maybe the policy should state that a person can only serve on one commission at a time. Council Member Adams stated that he plans to bring this matter up at the next meeting as a matter to be placed on a future agenda. TREE POLICY ANALYSIS (INFORMATIONAL REPORT). City Manager Bludau stated that this item is before the City Council at their request to provide a tree policy analysis and update on how the current policy is working. General Service Director Niederhaus stated that the tree policy analysis staff report includes the six points that the Council had asked staff to address. He added that the CounciPs earlier approval of the tree trimming item on the budget checklist will allow the department to double the number of trees trimmed annually. He said that currently, the City trims 1,300 trees each year, referring to the trees that are trimmed on an annual basis. He said the budget checklist item will also allow the City to do more thinning and annual trimming. He cited the trees on Fourth Avenue that haven't been trimmed in 4 -'/z years. General Services Director Niederhaus stated that there is still the concern about the individual removal requests. He stated that staff is recommending that they be allowed to interpret the reforestation section of the G -1 Policy to include individual trees. He concluded by stating that the City is attempting to provide good and timely service, and to resolve any difficulties with the people who do not want trees removed. Council Member Adams referred to the report presented during Public Comments by Alden Kelley, consulting arborist, and his allegation that the blue gum trees on Fourth Avenue had been subjected to the malpractice of topping. General Services Director Niederhaus confirmed this to be true. He stated that prior to 1994, the trees were topped as a method to trim them. He stated that it is a bad practice and will not be done with the upcoming trimming. Council Member Adams requested that the tree in Castaways Park that was recently planted for Jean Watt be added to the Dedicated Trees listing in the G -1 Policy. General Services Director Niederhaus stated that this tree, as Volume 52 - Page 581 U 1 s►. Tree Policy Analysis (62/69) 0 E Cl City of Newport Beach City Council Minutes June 28, 1999 well as one planted for Dr. Vandersloot, have been added to the listing and are current in the City Clerk's office. Council Member Glover stated that every tree on her street that is in the public right -of -way has been topped. She requested that the General Services Director meet with Southern California Edison (SCE) to discuss the issue. She referred to Laguna Beach, where SCE is not allowed to top trees, at will. General Services Director Niederhaus stated that he has received the SCE tree trimming standards and addressed the issue on Bayside by reaching an agreement from them to remove the trees at their expense. He stated that the trees would be replaced with trees that will not grow into the utility lines. Council Member Glover stated that she would prefer the General Services Department resolve the issue, and she recommended that they start by finding out how Laguna Beach reached their agreement with SCE. General Services Director Niederhaus stated that he would talk with Laguna Beach and come back to the City Council with more information. Council Member Debay referred to the statement in the staff report that said that the minor policy changes would be presented to the Parks, Beaches & Recreation Commission. She requested that the changes first be presented to the committee that worked on the G -1 Policy, which included residents and the City Manager. General Services Director Niederhaus stated that he would work with the City Manager to arrange the meeting. Mayor Pro Tem Thomson asked about the offer from SCE to remove the Bayside trees, and if it was true that the trees would be removed to street level only, with the stumps remaining. General Service Director Niederhaus confirmed this and stated that negotiations with SCE on continuing. He added that, with the current agreement, the City would have the cost of removing the stumps as well as replacing the trees. Mayor Pro Tem. Thomson suggested that SCE will actually save money by removing the trees because future trimmings will not have to be performed. Council Member Ridgeway asked for a clarification of what staff is recommending regarding the reforestation policy. General Services Director Niederhaus stated that staff would like single tree replacements to be applied to the reforestation policy. Council Member Adams stated that uniformity of trees on any given street was not addressed in the policy. He explained that he's referring to uniformity in the maturity and types of trees. He requested that the issue be debated and discussed to determine if anything can be done. Mayor O'Neil stated that he is aware that the City has 28,000 street trees and that, every year, the City is recognized for this. He stated that there has been much criticism regarding the City's reforestation and tree removals, and he asked for additional information about the trees that are planted. General Services Director Niederhaus stated that the City plants more trees than it removes, and that the number of trees in the City has grown from 22,000 in 1992 to 29,000 in 1999. He added that residents focus more on the trees that are removed than on those that are planted. Mayor O'Neil agreed with Council Member Debay's suggestion to have the Volume 52 - Page 582 INDEX City of Newport Beach City Council Minutes June 28, 1999 1 DI, G -1 Policy committee look at the recommended changes and on Council Member Adam's suggestion to include a discussion on the uniformity of trees. Virginia Herberts, 2290 Channel Road, stated that she believes there is a conflict of interest in the preparation of the G -1 Policy. She stated that she is disturbed by the solution to the Bayside problem by just having the trees removed. She stated that the trees are still in good shape. She disagreed with the policy to allow one person to make the decision on tree removals. Ms. Herberts concluded by stating that many more people are insisting on the strict interpretation of the G -1 Policy than may be present at the public meetings. Jan Vandersloot, SPON Tree Committee, stated that he wanted to address the amount of time spent by the Parks, Beaches & Recreation Commission and the City staff on tree removal appeals. He provided a handout to the City Council that he said listed all of the tree appeals in the past sixteen months, which totaled seventeen. He said that this indicates that not much time is spent on tree removal appeals, although the staff report says differently. Mr. Vandersloot stated that he disagrees with allowing staff to make the determination on when a tree removal should be approved. He suggested that if the new reforestation recommendation is approved, that the City Council should require that any replacements be thirty -six inch box trees or larger, based on diameter. He also stated that the City is still topping trees as a method of trimming. He added that the City can save money by retaining a tree, even though a root barrier might have to be put in place. He believes there is a campaign to remove trees in the City, . particularly eucalyptus, fichus, carrot wood and Brazilian pepper. He concluded by stating that the G -1 Policy should reflect the desire to retain trees. Iryne Black, 1646 Irvine Avenue, stated her agreement with the suggestion to first work with the City Manager and the residents on the policy before going to the Parks, Beaches & Recreation Commission. She added that she disagrees with the statement in the staff report that states that just a few people in the community are concerned about the issue. She stated that there are many more people who care, and many rely on people like Mr. Vandersloot to express their viewpoints. Bettye Butterworth, 721 Jasmine Avenue, requested that the trees in old Corona del Mar be placed on the special tree list. Debra Allen, 1021 Whitesails Way, stated that she was on the committee that dealt with the G -1 Policy, and she agrees that the changes should be looked at by the committee before going to the Parks, Beaches & Recreation Commission. She stated that there is a difference in the topping of the eucalyptus trees and the City's old stately trees, and the supplemental trimming of fichus trees in the view neighborhoods. She stated that she doesn't know of anyone that disagrees with the trimming of trees to roof height or below to preserve the views. Council Member Glover stated that she knows of the time that was spent on the creation of the G -1 Policy and she doesn't believe that any changes Volume 52 - Page 583 • 11 City of Newport Beach City Council Minutes June 28, 1999 should be made. She stated that the policy is complex. She stated that she has a concern about the lack of understanding about trees by the people that are trimming them. Additionally, she requested that the wording in the staff report about the trees on the special tree list be changed to better reflect their importance. She stated that the special trees were designated for a reason by citizens of Newport Beach and their significance should not be dismissed. When asked, City Manager Bludau stated that staff is clear on the direction given by the City Council at the current meeting and will proceed with the process. 30. TREE REMOVAL APPEAL — 2327 ARBUTUS AVENUE (contd. from 4/12/99). Mayor O'Neil opened the appeal hearing. Council Member Adams stated that a letter was received from James Parker providing signatures from residents on his street, supporting the removal and replacement of the subject tree. Council Member Adams read from a portion of the letter that stated that Mr. Parker had Council Member Adams' support for the tree removal if a significant number of neighbors signed the petition. Council Member Adams read from a verbatim transcript of the April 12, 1999, City Council meeting. He concluded by stating that he will have a difficult time supporting the removal of the tree, but he does not expect the rest of the City Council to follow his lead as the Council Member of the district. Council Member Adams stated that the tree is healthy and he feels that the Parks, Beaches & Recreation Commission ruling should be upheld. James Parker, 2327 Arbutus, stated that he never asked to have the tree removed at the exception of the G -1 Policy. He stated that the G -1 Policy allows for the removal of a tree if any one of four conditions are met, and that his tree meets two of the conditions. Mr. Parker stated that the tree is too close to the incoming water main, too large for the parkway and also dangerous and dirty. He said that he's asking to replace the tree, not merely remove it. Mr. Parker apologized to Council Member Adams if he misunderstood his comments from the previous meeting. Council Member Adams stated that he would read the rest of the transcript. Mr. Parker stated that he received 78% support for the removal of the tree from his neighbors and he feels that he has met all the criteria required of him. He stated that recently part of the curb, gutter and sidewalk were replaced because of the tree. He concluded by requesting that his appeal be approved. Council Member Adams said that he did find in the transcript where he stated that, "...all of your nearby neighbors and a vast majority of the people on your street would have to be supportive of this for me to consider overturning... ". Council Member Adams apologized to Mr. Parker for indicating differently earlier in the current meeting. Volume 52 - Page 584 INDEX Tree Removal Appeal 2327 Arbutus Avenue (62) City of Newport Beach City Council Minutes June 28, 1999 Jan Vandersloot stated that the situation may have changed, because Mr. Parker may now have a root barrier around the tree. After discussion, it could not be determined if this was done during the sidewalk repair. Mr. Vandersloot stated that if the root barrier were put in place that the tree shouldn't cause any further sidewalk damage, and he stated his support of the Parks, Beaches & Recreation Commission decision. Council Member Noyes asked for a clarification of the root barrier issue. General Services Director Niederhaus stated that root barriers are best done after the work to the hardscape has been completed. He stated that if the City Council decides to retain the tree, a root barrier would be put in. Mr. Parker stated that he would almost welcome the placement of a root barrier around the tree because there isn't room and it would surely kill the tree. There being no further testimony, Mayor O'Neil closed the appeal hearing. Motion by Council Member Ridgeway to waive the restrictions of Council Policy G -1 and grant removal based on the level of public and private damages. With Council Members Glover and Noyes dissenting, the motion carried. Mayor O'Neil recessed the Council meeting at 10:40 p.m. Mayor O'Neil reconvened the Council meeting at 10:47 p.m. 31. BEACH VOLLEYBALL COURT AT 2406 W. OCEANFRONT (contd. from 5124199). Mario & Jill Aguirre, 3406 Marcus, stated that they were present at the Parks, Beaches & Recreation Commission meeting and wanted to speak in regards to the safety issue. Mr. Aguirre presented photos taken over the Memorial Weekend, which showed that the people that stop to watch the volleyball players tend to pull onto the sand, while the people that stop at the houses tend to stop on the boardwalk. He said that it only takes a couple people to block the boardwalk. He added that he has never complained about the homeowners' activities, and he'd like to see the volleyball court remain. Mrs. Aguirre added that they take their infant to the beach and wouldn't do so if safety were an issue. Del Chapman, 116 26th Street, stated that he received a notice in the mail regarding the issue of the volleyball court location and decided to take some interest in the topic. He said that he observed the area when a volleyball court was placed at 26th Street for a weekend trial period recently. He stated that the location was a disaster because it is a main entry point to the beach from a main parking lot. He stated that he enjoys watching the volleyball activity, but he disagrees with a court being placed at the end of 26th Street. Eric Thurner, 2406 West Oceanfront, provided a handout to the City Council. He stated that the problem with the court in question is that it is located directly in front of homes, whereas the other courts on the beach are Volume 52 - Page 585 INDEX Beach Volleyball 2406 W. Oceanfront (62) u 0 City of Newport Beach City Council Minutes June 28, 1999 at the ends of streets. He stated that the volleyball court is also located at the narrowest part of the beach and closest to the Newport Pier parking lot. He stated that the court has been adopted by a couple of groups of volleyball players. He said the players are dedicated and play hard which creates a problem with noise, spectators and a displacement of others on the beach. Mr. Thurner concluded by stating that he is requesting that the court be moved to the end of 26th Street. Randy Beck, 2602 West Oceanfront, stated his opposition to moving the court to 26th Street, and that he was available to answer any questions regarding the petition he provided on June 15, 1999. He stated that when the volleyball court was placed at the end of 26th Street for a trial period, it was apparent that it added congestion to an area that is already too congested. He said that the bike rack and turnout at the end of 26th Street make it a poor location for a volleyball court. Charles Hartwell, 2408 West Oceanfront, agreed with the other speakers who stated that the area where the court is currently located is congested and unsafe. He said the appeal was to request that the court be removed, not relocated. He stated that he doesn't understand why the staff recommendation doesn't include the option to have it removed. Matthew Stafford, 5019 -B River Avenue, stated that he wanted to make the City Council aware that many of the players at the volleyball court are legitimate landowners, taxpayers and area business owners. He thinks the players act as positive role models. Stan Hatch, Costa Mesa resident, stated that the court has been moved eight feet closer to the water and that the players have made the effort to warm up farther from the residences. Joel Faucetta, 2402 '% West Oceanfront, stated that the parking lot adjacent to the volleyball court has had a change in meter fees. He stated that it used to be 25¢ for every hour and now it's 25¢ for every fifteen minutes. He stated that this has caused people to walk back and forth more often. Curt Conlin, Costa Mesa resident, stated that the boardwalk and the beach should be crowded. He thinks it's great that people use the recreational and public facilities. He stated that bikers often block the boardwalk, but it's not related to the volleyball court. He stated that the volleyball players, once told, have not sat on the walls of the nearby homeowners. Mr. Conlin stated that he is in support of keeping the volleyball court where it is and even adding another one at 26th Street if necessary. Andy Reinking, 6001 Newport Shores Drive, stated that 319 signatures were collected from Newport residents and businesses, and another 328 from non- residents. He stated that the 647 signers were in support of keeping the volleyball court at its current location. He said that in regards to the safety issue and flying balls, he recently spoke to some Newport Beach police officers that were in the area. He asked them if the court had interfered or caused any problem on the boardwalk, and the police could not recall any problems as a result of the volleyball play. Volume 52 - Page 586 X11 K City of Newport Beach City Council Minutes June 28, 1999 INDEX Brad Dorfman, 2402 West Oceanfront, stated his support for either removing the court or moving it to 26th Street. He stated that the current area is not suitable. Grant Dietz, 118 24th Street, stated that he is probably impacted as much as anyone by the volleyball court and he does not think that there's a safety issue. He stated some of the homeowners in the area somehow feel that the volleyball court is impacting their enjoyment of the beach and adding to the congestion in the area. He added that twice the Parks, Beaches and Recreation Commission voted 7 -0 to keep the court at its current location. He said that the residents in the area should appreciate the benefits of living so close to the beach, but that they should also understand that some concessions have to be made. Barry MacPherson, 15 Mojo Court, stated that he plays volleyball and he thinks that the issue has been discussed thoroughly. He supports the current location of the volleyball court, and he thanked the City for maintaining the courts. Moses Mortazavi, 2406 West Oceanfront, stated that problems do exist with noise and traffic. He said these problems have increased, and he is in favor of moving the court. Council Member Ridgeway stated that he has observed the congestion on the boardwalk and he thinks that the residents who move into that area need to accept what comes with the territory. He said that although people stopping in front of homes cause some of the congestion, he has also noticed the displacement of bathers caused by the volleyball court. Council Member Ridgeway stated that the people displaced on the beach aren't present at the current meeting and shouldn't be forgotten. He stated that he sees the public beach as something that should be protected. Council Member Ridgeway stated that he was prepared to make a motion to remove the volleyball court from June 15th to September 15th, to accommodate the bathers and tourists, but that he is now considering that moving the court to a street end, such as 25th Street, might be more appropriate. He is concerned that the current location is too close to the parking lot, affecting the bathers and tourists. He added that the congestion on the boardwalk will remain. Motion by Council Member Ridgeway to authorize the removal of the beach volleyball court at 2406 W. Oceanfront and the installation of a new beach volleyball court at 25th Street, to be installed fifteen feet further out than the current location. Council Member Adams asked if the Parks, Beaches & Recreation Commission discussed the option under consideration. Community Services Director Menitz stated that she did not recall this being discussed by the Parks, Beaches & Recreation Commission. She stated that the recommendation came at the suggestion of the Fire & Marine Department. Without objection, the motion carried by acclamation. Volume 52 - Page 587 0 s 0 0 City of Newport Beach City Council Minutes June 28, 1999 ADJOURNMENT — The meeting was adjourned at 11:20 p.m. in the memory of Al Brownell. The agenda for the Regular Meeting was posted on June 23, 1999, at 8:80 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 June 25, 1999, at 1:00 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 588 INDEX